H-1B layoff with I-140/I-485 pending (new thread)
Jul 18th 2003, 1:34 am
#1
Guest
Posts: n/a
H-1B layoff with I-140/I-485 pending (new thread)
I decided to start a new thread becasue the old one is not quite readable.
First, here is the background info:
I am a Canadian citizen on an H-1B. My I-140/I-485 were filed on April 8,
2003 in the EB-1(b) category. I have not
received my EAD nor my Advance Parole. The I-140 is not adjudicated yet. I
am being laid off by my company, where the termination date will be July 24,
2003.
Actually the company lawyer has another idea. Since my I-765 has been
pending for more than 3 months, it is possible for me to go to the BCIS and
get an EAD! After starting a new job with the EAD, is it possible to switch
back to an H-1B?
Teich
First, here is the background info:
I am a Canadian citizen on an H-1B. My I-140/I-485 were filed on April 8,
2003 in the EB-1(b) category. I have not
received my EAD nor my Advance Parole. The I-140 is not adjudicated yet. I
am being laid off by my company, where the termination date will be July 24,
2003.
Actually the company lawyer has another idea. Since my I-765 has been
pending for more than 3 months, it is possible for me to go to the BCIS and
get an EAD! After starting a new job with the EAD, is it possible to switch
back to an H-1B?
Teich
Jul 18th 2003, 4:56 am
#2
Guest
Posts: n/a
Re: H-1B layoff with I-140/I-485 pending (new thread)
You cannot directly go back to using an H-1B once you've used your EAD. You
may have to go out of the country and then come in again on an H-1B.
MV
"Teich" wrote in message
news:59IRa.84450$Ph3.10306@sccrnsc04...
> I decided to start a new thread becasue the old one is not quite readable.
> First, here is the background info:
> I am a Canadian citizen on an H-1B. My I-140/I-485 were filed on April 8,
> 2003 in the EB-1(b) category. I have not
> received my EAD nor my Advance Parole. The I-140 is not adjudicated yet.
I
> am being laid off by my company, where the termination date will be July
24,
> 2003.
> Actually the company lawyer has another idea. Since my I-765 has been
> pending for more than 3 months, it is possible for me to go to the BCIS
and
> get an EAD! After starting a new job with the EAD, is it possible to
switch
> back to an H-1B?
> Teich
may have to go out of the country and then come in again on an H-1B.
MV
"Teich" wrote in message
news:59IRa.84450$Ph3.10306@sccrnsc04...
> I decided to start a new thread becasue the old one is not quite readable.
> First, here is the background info:
> I am a Canadian citizen on an H-1B. My I-140/I-485 were filed on April 8,
> 2003 in the EB-1(b) category. I have not
> received my EAD nor my Advance Parole. The I-140 is not adjudicated yet.
I
> am being laid off by my company, where the termination date will be July
24,
> 2003.
> Actually the company lawyer has another idea. Since my I-765 has been
> pending for more than 3 months, it is possible for me to go to the BCIS
and
> get an EAD! After starting a new job with the EAD, is it possible to
switch
> back to an H-1B?
> Teich
Jul 18th 2003, 7:40 am
#3
Guest
Posts: n/a
Re: H-1B layoff with I-140/I-485 pending (new thread)
You can go back to H-1B, although I agree with Michael that you may have
to leave the US to do that. Or you can just stay on the EAD.
However, do keep in mind that the EAD really is not the most important
thing for you. The important thing is what happens to the I-140 and I-485.
If they withdraw the I-140 right away (as we discussed in the other
thread), and if BCIS immediately denies the I-485 (unlikely, but just for
the sake of argument), then having an EAD won't help you one bit. The EAD
is only valid within the context of the pending I-485. In fact, the EAD
doesn't really even give you anything at all. It is *evidence* of the fact
that you are authorized for employment. But technically, you would be
authorized without it, too, you just don't have proof of that fact without
the EAD[*]
[*] This is not entirely accurate, but for the sake of this discussion, it
is close enough. The point is that the EAD by itself only has to do with
employment authorization, not with your status in the US itself.
On Fri, 18 Jul 2003 01:34:57 +0000, Teich wrote:
> I decided to start a new thread becasue the old one is not quite
> readable.
>
> First, here is the background info:
> I am a Canadian citizen on an H-1B. My I-140/I-485 were filed on April
> 8, 2003 in the EB-1(b) category. I have not received my EAD nor my
> Advance Parole. The I-140 is not adjudicated yet. I am being laid off
> by my company, where the termination date will be July 24, 2003.
>
> Actually the company lawyer has another idea. Since my I-765 has been
> pending for more than 3 months, it is possible for me to go to the BCIS
> and get an EAD! After starting a new job with the EAD, is it possible
> to switch back to an H-1B?
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
to leave the US to do that. Or you can just stay on the EAD.
However, do keep in mind that the EAD really is not the most important
thing for you. The important thing is what happens to the I-140 and I-485.
If they withdraw the I-140 right away (as we discussed in the other
thread), and if BCIS immediately denies the I-485 (unlikely, but just for
the sake of argument), then having an EAD won't help you one bit. The EAD
is only valid within the context of the pending I-485. In fact, the EAD
doesn't really even give you anything at all. It is *evidence* of the fact
that you are authorized for employment. But technically, you would be
authorized without it, too, you just don't have proof of that fact without
the EAD[*]
[*] This is not entirely accurate, but for the sake of this discussion, it
is close enough. The point is that the EAD by itself only has to do with
employment authorization, not with your status in the US itself.
On Fri, 18 Jul 2003 01:34:57 +0000, Teich wrote:
> I decided to start a new thread becasue the old one is not quite
> readable.
>
> First, here is the background info:
> I am a Canadian citizen on an H-1B. My I-140/I-485 were filed on April
> 8, 2003 in the EB-1(b) category. I have not received my EAD nor my
> Advance Parole. The I-140 is not adjudicated yet. I am being laid off
> by my company, where the termination date will be July 24, 2003.
>
> Actually the company lawyer has another idea. Since my I-765 has been
> pending for more than 3 months, it is possible for me to go to the BCIS
> and get an EAD! After starting a new job with the EAD, is it possible
> to switch back to an H-1B?
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
Jul 18th 2003, 2:45 pm
#4
Guest
Posts: n/a
Re: H-1B layoff with I-140/I-485 pending (new thread)
Sorry, when I mentioned getting the EAD, I was assuming going the route of
relying on the pending I-485 for status. In other words, the company
somehow will postpone the withdrawal of the I-140 for a couple of months.
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...
> You can go back to H-1B, although I agree with Michael that you may have
> to leave the US to do that. Or you can just stay on the EAD.
> However, do keep in mind that the EAD really is not the most important
> thing for you. The important thing is what happens to the I-140 and I-485.
> If they withdraw the I-140 right away (as we discussed in the other
> thread), and if BCIS immediately denies the I-485 (unlikely, but just for
> the sake of argument), then having an EAD won't help you one bit. The EAD
> is only valid within the context of the pending I-485. In fact, the EAD
> doesn't really even give you anything at all. It is *evidence* of the fact
> that you are authorized for employment. But technically, you would be
> authorized without it, too, you just don't have proof of that fact without
> the EAD[*]
>[*] This is not entirely accurate, but for the sake of this discussion, it
> is close enough. The point is that the EAD by itself only has to do with
> employment authorization, not with your status in the US itself.
relying on the pending I-485 for status. In other words, the company
somehow will postpone the withdrawal of the I-140 for a couple of months.
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> You can go back to H-1B, although I agree with Michael that you may have
> to leave the US to do that. Or you can just stay on the EAD.
> However, do keep in mind that the EAD really is not the most important
> thing for you. The important thing is what happens to the I-140 and I-485.
> If they withdraw the I-140 right away (as we discussed in the other
> thread), and if BCIS immediately denies the I-485 (unlikely, but just for
> the sake of argument), then having an EAD won't help you one bit. The EAD
> is only valid within the context of the pending I-485. In fact, the EAD
> doesn't really even give you anything at all. It is *evidence* of the fact
> that you are authorized for employment. But technically, you would be
> authorized without it, too, you just don't have proof of that fact without
> the EAD[*]
>[*] This is not entirely accurate, but for the sake of this discussion, it
> is close enough. The point is that the EAD by itself only has to do with
> employment authorization, not with your status in the US itself.
Jul 19th 2003, 7:41 pm
#5
Guest
Posts: n/a
Re: H-1B layoff with I-140/I-485 pending (new thread)
Ingo.
Here is a brief update. Thanks *very much* for all your help, although I
chose the path that was not recommended by you.
On Friday, I asked the company to send the BCIS a letter to withdraw my
I-140 petition. On the same day, My wife and I also requested that our
I-485 petitions be withdrawn. We are currently working on our I-539
petition to change to a visitor status for 3 months. On the I-539 form, we
will explicitly state that we no longer have immigration intent while
submitting proof that our I-140/I-485 petitions were withdrawn. We will be
mailing the I-539 off on Monday as my termination date is next Thursday.
I still have the lawyer what the chances are for getting the I-539 approved.
Regardless, we hope that I will find a new job within 2 months, before the
BCIS has time to process the I-539 (my lawyer said that the processing time
is about 3 months).
Have a great weekend.
Teich
"Teich" wrote in message
news:59IRa.84450$Ph3.10306@sccrnsc04...
> I decided to start a new thread becasue the old one is not quite readable.
> First, here is the background info:
> I am a Canadian citizen on an H-1B. My I-140/I-485 were filed on April 8,
> 2003 in the EB-1(b) category. I have not
> received my EAD nor my Advance Parole. The I-140 is not adjudicated yet.
I
> am being laid off by my company, where the termination date will be July
24,
> 2003.
> Actually the company lawyer has another idea. Since my I-765 has been
> pending for more than 3 months, it is possible for me to go to the BCIS
and
> get an EAD! After starting a new job with the EAD, is it possible to
switch
> back to an H-1B?
> Teich
Here is a brief update. Thanks *very much* for all your help, although I
chose the path that was not recommended by you.
On Friday, I asked the company to send the BCIS a letter to withdraw my
I-140 petition. On the same day, My wife and I also requested that our
I-485 petitions be withdrawn. We are currently working on our I-539
petition to change to a visitor status for 3 months. On the I-539 form, we
will explicitly state that we no longer have immigration intent while
submitting proof that our I-140/I-485 petitions were withdrawn. We will be
mailing the I-539 off on Monday as my termination date is next Thursday.
I still have the lawyer what the chances are for getting the I-539 approved.
Regardless, we hope that I will find a new job within 2 months, before the
BCIS has time to process the I-539 (my lawyer said that the processing time
is about 3 months).
Have a great weekend.
Teich
"Teich" wrote in message
news:59IRa.84450$Ph3.10306@sccrnsc04...
> I decided to start a new thread becasue the old one is not quite readable.
> First, here is the background info:
> I am a Canadian citizen on an H-1B. My I-140/I-485 were filed on April 8,
> 2003 in the EB-1(b) category. I have not
> received my EAD nor my Advance Parole. The I-140 is not adjudicated yet.
I
> am being laid off by my company, where the termination date will be July
24,
> 2003.
> Actually the company lawyer has another idea. Since my I-765 has been
> pending for more than 3 months, it is possible for me to go to the BCIS
and
> get an EAD! After starting a new job with the EAD, is it possible to
switch
> back to an H-1B?
> Teich
Jul 21st 2003, 12:37 am
#6
Just Joined
Joined: Jul 2003
Location: san diego
Posts: 22
Re: H-1B layoff with I-140/I-485 pending (new thread)
TO BE SAFE
What I would do is apply for a new h-1b with a new employer ASAP and pay the $1000 extra for premium processing so you know where you stand, and can be sure you can work and not violate status, as you are applying for a H-1b the question of immigrant intent is not a problem, whereas if you apply for a tourist visa it will be...
the problem is once you fall out of status, arguably your h-1b is no longer portable or even valid, that is you have tp go home to get the visa or change of status of you like, although the BICE may well ignore a short period of 30 days or so, and let you maintain H status, there is NO grace period
the bets bet for you may be to get a new h-1b ASAP and then, if youa re deemed ot be out of status, fly home to pick up the visa form your home consulate.
dont get caught out working here illegally for over 6 months whatever you do.
jonathan capp (british)
http://www.usvisasolutions.com
http://www.california-immigration-lawyers.com
http://www.losangeles-immigrationlawyers.com
http://www.orangecounty-immigrationlawyers.com
http://www.socalbusinesslawyer.com
http://www.sandiegoimmigrationlawyers.com
What I would do is apply for a new h-1b with a new employer ASAP and pay the $1000 extra for premium processing so you know where you stand, and can be sure you can work and not violate status, as you are applying for a H-1b the question of immigrant intent is not a problem, whereas if you apply for a tourist visa it will be...
the problem is once you fall out of status, arguably your h-1b is no longer portable or even valid, that is you have tp go home to get the visa or change of status of you like, although the BICE may well ignore a short period of 30 days or so, and let you maintain H status, there is NO grace period
the bets bet for you may be to get a new h-1b ASAP and then, if youa re deemed ot be out of status, fly home to pick up the visa form your home consulate.
dont get caught out working here illegally for over 6 months whatever you do.
jonathan capp (british)
http://www.usvisasolutions.com
http://www.california-immigration-lawyers.com
http://www.losangeles-immigrationlawyers.com
http://www.orangecounty-immigrationlawyers.com
http://www.socalbusinesslawyer.com
http://www.sandiegoimmigrationlawyers.com
Originally posted by Teich
Ingo.
Here is a brief update. Thanks *very much* for all your help, although I
chose the path that was not recommended by you.
On Friday, I asked the company to send the BCIS a letter to withdraw my
I-140 petition. On the same day, My wife and I also requested that our
I-485 petitions be withdrawn. We are currently working on our I-539
petition to change to a visitor status for 3 months. On the I-539 form, we
will explicitly state that we no longer have immigration intent while
submitting proof that our I-140/I-485 petitions were withdrawn. We will be
mailing the I-539 off on Monday as my termination date is next Thursday.
I still have the lawyer what the chances are for getting the I-539 approved.
Regardless, we hope that I will find a new job within 2 months, before the
BCIS has time to process the I-539 (my lawyer said that the processing time
is about 3 months).
Have a great weekend.
Teich
"Teich" wrote in message
news:59IRa.84450$Ph3.10306@sccrnsc04...
> I decided to start a new thread becasue the old one is not quite readable.
> First, here is the background info:
> I am a Canadian citizen on an H-1B. My I-140/I-485 were filed on April 8,
> 2003 in the EB-1(b) category. I have not
> received my EAD nor my Advance Parole. The I-140 is not adjudicated yet.
I
> am being laid off by my company, where the termination date will be July
24,
> 2003.
> Actually the company lawyer has another idea. Since my I-765 has been
> pending for more than 3 months, it is possible for me to go to the BCIS
and
> get an EAD! After starting a new job with the EAD, is it possible to
switch
> back to an H-1B?
> Teich
Ingo.
Here is a brief update. Thanks *very much* for all your help, although I
chose the path that was not recommended by you.
On Friday, I asked the company to send the BCIS a letter to withdraw my
I-140 petition. On the same day, My wife and I also requested that our
I-485 petitions be withdrawn. We are currently working on our I-539
petition to change to a visitor status for 3 months. On the I-539 form, we
will explicitly state that we no longer have immigration intent while
submitting proof that our I-140/I-485 petitions were withdrawn. We will be
mailing the I-539 off on Monday as my termination date is next Thursday.
I still have the lawyer what the chances are for getting the I-539 approved.
Regardless, we hope that I will find a new job within 2 months, before the
BCIS has time to process the I-539 (my lawyer said that the processing time
is about 3 months).
Have a great weekend.
Teich
"Teich" wrote in message
news:59IRa.84450$Ph3.10306@sccrnsc04...
> I decided to start a new thread becasue the old one is not quite readable.
> First, here is the background info:
> I am a Canadian citizen on an H-1B. My I-140/I-485 were filed on April 8,
> 2003 in the EB-1(b) category. I have not
> received my EAD nor my Advance Parole. The I-140 is not adjudicated yet.
I
> am being laid off by my company, where the termination date will be July
24,
> 2003.
> Actually the company lawyer has another idea. Since my I-765 has been
> pending for more than 3 months, it is possible for me to go to the BCIS
and
> get an EAD! After starting a new job with the EAD, is it possible to
switch
> back to an H-1B?
> Teich
Jul 21st 2003, 1:30 am
#7
Guest
Posts: n/a
Re: H-1B layoff with I-140/I-485 pending (new thread)
"jon capp" wrote in message
news:[email protected]...
> TO BE SAFE
> What I would do is apply for a new h-1b with a new employer ASAP and pay
> the $1000 extra for premium processing so you know where you stand, and
> can be sure you can work and not violate status, as you are applying for
> a H-1b the question of immigrant intent is not a problem, whereas if you
> apply for a tourist visa it will be...
Good point bringing the premium processing.
What do you think my chances for getting the B-2 approved, given the fact
that my I-140/I-485 petitions are withdrawn?
Anyway, it might take BCIS three months to adjudicate the I-539, which will
give me some time relief to apply for my next H-1B (w/ premium processing).
> the problem is once you fall out of status, arguably your h-1b is no
> longer portable or even valid, that is you have tp go home to get the
> visa or change of status of you like, although the BICE may well ignore
> a short period of 30 days or so, and let you maintain H status, there is
> NO grace period
> the bets bet for you may be to get a new h-1b ASAP and then, if youa re
> deemed ot be out of status, fly home to pick up the visa form your home
> consulate.
> dont get caught out working here illegally for over 6 months
> whatever you do.
Btw, I am trying very hard to find another job. Since it may take me a
month or two to find it, I have decided to file the I-539 tomorrow (Monday),
since my last day is next Thursday.
Please don't worry, I will never do anything stupid to be out of legal
status
Teich
news:[email protected]...
> TO BE SAFE
> What I would do is apply for a new h-1b with a new employer ASAP and pay
> the $1000 extra for premium processing so you know where you stand, and
> can be sure you can work and not violate status, as you are applying for
> a H-1b the question of immigrant intent is not a problem, whereas if you
> apply for a tourist visa it will be...
Good point bringing the premium processing.
What do you think my chances for getting the B-2 approved, given the fact
that my I-140/I-485 petitions are withdrawn?
Anyway, it might take BCIS three months to adjudicate the I-539, which will
give me some time relief to apply for my next H-1B (w/ premium processing).
> the problem is once you fall out of status, arguably your h-1b is no
> longer portable or even valid, that is you have tp go home to get the
> visa or change of status of you like, although the BICE may well ignore
> a short period of 30 days or so, and let you maintain H status, there is
> NO grace period
> the bets bet for you may be to get a new h-1b ASAP and then, if youa re
> deemed ot be out of status, fly home to pick up the visa form your home
> consulate.
> dont get caught out working here illegally for over 6 months
> whatever you do.
Btw, I am trying very hard to find another job. Since it may take me a
month or two to find it, I have decided to file the I-539 tomorrow (Monday),
since my last day is next Thursday.
Please don't worry, I will never do anything stupid to be out of legal
status
Teich
