Darn Cutbacks!
Apr 22nd 2002, 12:00 pm
#1
Guest
Posts: n/a
Darn Cutbacks!
I'm on a H1-B Visa(labor based), awaiting my EAD (been over 30 days since filing).
And have just been told that due to cutbacks, they have to let me go, being a
contractor and all that.
My agency (the holders of my green card) are looking for alternative employment for
me, but the IT market is tough at the moment.
I could get my EAD literally any day now.
Can I work for an alternative company(similar job and pay) as a full time employee as
soon as I get my EAD card and wait out the green card, or am I basically screwed if I
can't find a job soon?
many thanks.
And have just been told that due to cutbacks, they have to let me go, being a
contractor and all that.
My agency (the holders of my green card) are looking for alternative employment for
me, but the IT market is tough at the moment.
I could get my EAD literally any day now.
Can I work for an alternative company(similar job and pay) as a full time employee as
soon as I get my EAD card and wait out the green card, or am I basically screwed if I
can't find a job soon?
many thanks.
Apr 27th 2002, 2:30 pm
#2
Guest
Posts: n/a
Re: Darn Cutbacks!
On Mon, 22 Apr 2002 16:03:25 -0700, "George" <[email protected]> wrote:
>I'm on a H1-B Visa(labor based), awaiting my EAD (been over 30 days since filing).
>And have just been told that due to cutbacks, they have to let me go, being a
>contractor and all that.
>
>My agency (the holders of my green card) are looking for alternative employment for
>me, but the IT market is tough at the moment.
>
>I could get my EAD literally any day now.
>
>Can I work for an alternative company(similar job and pay) as a full time employee
>as soon as I get my EAD card and wait out the green card, or am I basically screwed
>if I can't find a job soon?
>
>
>many thanks.
If it has been more than six months to get your I-485, you can work for any company
in a similar job. Otherwise, you probably need to work for the same employer after
the GC is approved.
Hint: the letter of the law actually doesn't say you have to wait for six months, but
only says that "if processing of the I-485 takes more than six months" meaning that
as long as INS is that slow, you could leave earlier. You could try testing that
theory - just do be aware that INS' interpretation may well be different, and you may
find yourself a test case for the new law.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
>I'm on a H1-B Visa(labor based), awaiting my EAD (been over 30 days since filing).
>And have just been told that due to cutbacks, they have to let me go, being a
>contractor and all that.
>
>My agency (the holders of my green card) are looking for alternative employment for
>me, but the IT market is tough at the moment.
>
>I could get my EAD literally any day now.
>
>Can I work for an alternative company(similar job and pay) as a full time employee
>as soon as I get my EAD card and wait out the green card, or am I basically screwed
>if I can't find a job soon?
>
>
>many thanks.
If it has been more than six months to get your I-485, you can work for any company
in a similar job. Otherwise, you probably need to work for the same employer after
the GC is approved.
Hint: the letter of the law actually doesn't say you have to wait for six months, but
only says that "if processing of the I-485 takes more than six months" meaning that
as long as INS is that slow, you could leave earlier. You could try testing that
theory - just do be aware that INS' interpretation may well be different, and you may
find yourself a test case for the new law.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
Apr 29th 2002, 9:00 am
#3
Guest
Posts: n/a
Re: Darn Cutbacks!
"Ingo Pakleppa" <[email protected]> wrote in message
news:[email protected]...
>
>
> On Mon, 22 Apr 2002 16:03:25 -0700, "George" <[email protected]> wrote:
>
> >I'm on a H1-B Visa(labor based), awaiting my EAD (been over 30 days since filing).
> >And have just been told that due to cutbacks, they have to let me go,
being
> >a contractor and all that.
> >
> >My agency (the holders of my green card) are looking for alternative employment
> >for me, but the IT market is tough at the moment.
> >
> >I could get my EAD literally any day now.
> >
> >Can I work for an alternative company(similar job and pay) as a full time employee
> >as soon as I get my EAD card and wait out the green card, or am
I
> >basically screwed if I can't find a job soon?
> >
> >
> >many thanks.
>
> If it has been more than six months to get your I-485, you can work for any company
> in a similar job. Otherwise, you probably need to work for the same employer after
> the GC is approved.
>
> Hint: the letter of the law actually doesn't say you have to wait for six months,
> but only says that "if processing of the I-485 takes more than six months" meaning
> that as long as INS is that slow, you could leave earlier. You could try testing
> that theory - just do be aware that INS' interpretation may well be different, and
> you may find yourself a test case for the new law.
>
> Ingo
>
<<<stuff snipped>>>
Thanks Ingo, I just had a thought, how will the INS even know what I do, most people
I spoke to never even got interviewed before receiving their green card, and the EAD
is pretty much a sign that you're going to be approved, the rest is just a formality.
I'm sure my agency won't bother to cancel the green card procedure or the H1-b visa,
so the INS simply won't know what I'm doing, am I right?
Don't get me wrong though, I wouldn't want a job in a non related field, so I would
still be in the US under the orignial requirements of my green card.
thanks.
news:[email protected]...
>
>
> On Mon, 22 Apr 2002 16:03:25 -0700, "George" <[email protected]> wrote:
>
> >I'm on a H1-B Visa(labor based), awaiting my EAD (been over 30 days since filing).
> >And have just been told that due to cutbacks, they have to let me go,
being
> >a contractor and all that.
> >
> >My agency (the holders of my green card) are looking for alternative employment
> >for me, but the IT market is tough at the moment.
> >
> >I could get my EAD literally any day now.
> >
> >Can I work for an alternative company(similar job and pay) as a full time employee
> >as soon as I get my EAD card and wait out the green card, or am
I
> >basically screwed if I can't find a job soon?
> >
> >
> >many thanks.
>
> If it has been more than six months to get your I-485, you can work for any company
> in a similar job. Otherwise, you probably need to work for the same employer after
> the GC is approved.
>
> Hint: the letter of the law actually doesn't say you have to wait for six months,
> but only says that "if processing of the I-485 takes more than six months" meaning
> that as long as INS is that slow, you could leave earlier. You could try testing
> that theory - just do be aware that INS' interpretation may well be different, and
> you may find yourself a test case for the new law.
>
> Ingo
>
<<<stuff snipped>>>
Thanks Ingo, I just had a thought, how will the INS even know what I do, most people
I spoke to never even got interviewed before receiving their green card, and the EAD
is pretty much a sign that you're going to be approved, the rest is just a formality.
I'm sure my agency won't bother to cancel the green card procedure or the H1-b visa,
so the INS simply won't know what I'm doing, am I right?
Don't get me wrong though, I wouldn't want a job in a non related field, so I would
still be in the US under the orignial requirements of my green card.
thanks.
Apr 29th 2002, 7:30 pm
#4
Guest
Posts: n/a
Re: Darn Cutbacks!
On Mon, 29 Apr 2002 12:34:41 -0700, "George" <[email protected]> wrote:
>
>"Ingo Pakleppa" <[email protected]> wrote in message
>news:[email protected]...
>>
>>
>> On Mon, 22 Apr 2002 16:03:25 -0700, "George" <[email protected]> wrote:
>>
>> >I'm on a H1-B Visa(labor based), awaiting my EAD (been over 30 days since
>> >filing). And have just been told that due to cutbacks, they have to let me go,
>being
>> >a contractor and all that.
>> >
>> >My agency (the holders of my green card) are looking for alternative employment
>> >for me, but the IT market is tough at the moment.
>> >
>> >I could get my EAD literally any day now.
>> >
>> >Can I work for an alternative company(similar job and pay) as a full time
>> >employee as soon as I get my EAD card and wait out the green card, or am
>I
>> >basically screwed if I can't find a job soon?
>> >
>> >
>> >many thanks.
>>
>> If it has been more than six months to get your I-485, you can work for any
>> company in a similar job. Otherwise, you probably need to work for the same
>> employer after the GC is approved.
>>
>> Hint: the letter of the law actually doesn't say you have to wait for six months,
>> but only says that "if processing of the I-485 takes more than six months" meaning
>> that as long as INS is that slow, you could leave earlier. You could try testing
>> that theory - just do be aware that INS' interpretation may well be different, and
>> you may find yourself a test case for the new law.
>>
>> Ingo
>>
><<<stuff snipped>>>
>
>Thanks Ingo, I just had a thought, how will the INS even know what I do, most people
>I spoke to never even got interviewed before receiving their green card, and the EAD
>is pretty much a sign that you're going to be approved, the rest is just a
>formality.
That's hardly true! You can get an EAD even with a criminal record, for instance. If
you are otherwise eligible, the I-485 itself is already as good as approved, of
course, just sitting on a shelf!
>I'm sure my agency won't bother to cancel the green card procedure or the H1-b visa,
>so the INS simply won't know what I'm doing, am I right?
The agency cannot cancel the Green Card procedure because you filed the I-485
(although they could withdraw the I-140. But why would they, and after six months you
would still be OK). They ARE supposed to cancel the H-1B petition. INS probably
wouldn't put two and two together anyway, though.
But INS would find out when you apply for citizenship.
>Don't get me wrong though, I wouldn't want a job in a non related field, so I would
>still be in the US under the orignial requirements of my green card.
Not the original requirement (that would be only the one specific job) but rather the
requirement with the AC21. Either way, you should be fine.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
>
>"Ingo Pakleppa" <[email protected]> wrote in message
>news:[email protected]...
>>
>>
>> On Mon, 22 Apr 2002 16:03:25 -0700, "George" <[email protected]> wrote:
>>
>> >I'm on a H1-B Visa(labor based), awaiting my EAD (been over 30 days since
>> >filing). And have just been told that due to cutbacks, they have to let me go,
>being
>> >a contractor and all that.
>> >
>> >My agency (the holders of my green card) are looking for alternative employment
>> >for me, but the IT market is tough at the moment.
>> >
>> >I could get my EAD literally any day now.
>> >
>> >Can I work for an alternative company(similar job and pay) as a full time
>> >employee as soon as I get my EAD card and wait out the green card, or am
>I
>> >basically screwed if I can't find a job soon?
>> >
>> >
>> >many thanks.
>>
>> If it has been more than six months to get your I-485, you can work for any
>> company in a similar job. Otherwise, you probably need to work for the same
>> employer after the GC is approved.
>>
>> Hint: the letter of the law actually doesn't say you have to wait for six months,
>> but only says that "if processing of the I-485 takes more than six months" meaning
>> that as long as INS is that slow, you could leave earlier. You could try testing
>> that theory - just do be aware that INS' interpretation may well be different, and
>> you may find yourself a test case for the new law.
>>
>> Ingo
>>
><<<stuff snipped>>>
>
>Thanks Ingo, I just had a thought, how will the INS even know what I do, most people
>I spoke to never even got interviewed before receiving their green card, and the EAD
>is pretty much a sign that you're going to be approved, the rest is just a
>formality.
That's hardly true! You can get an EAD even with a criminal record, for instance. If
you are otherwise eligible, the I-485 itself is already as good as approved, of
course, just sitting on a shelf!
>I'm sure my agency won't bother to cancel the green card procedure or the H1-b visa,
>so the INS simply won't know what I'm doing, am I right?
The agency cannot cancel the Green Card procedure because you filed the I-485
(although they could withdraw the I-140. But why would they, and after six months you
would still be OK). They ARE supposed to cancel the H-1B petition. INS probably
wouldn't put two and two together anyway, though.
But INS would find out when you apply for citizenship.
>Don't get me wrong though, I wouldn't want a job in a non related field, so I would
>still be in the US under the orignial requirements of my green card.
Not the original requirement (that would be only the one specific job) but rather the
requirement with the AC21. Either way, you should be fine.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
