Ann Ruben
06-22 12:10 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
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forever_waiting
03-07 12:33 PM
I fail to see how your questions have any relevance to this effort but anyway, below are my thoughts.
How many members does IV have in total?
Around 30-40K
What % out of that total has not filed 485 yet?
Maybe around 5K-10K. No one knows for sure. Getting to know this number was the purpose of the survey!!But that doesnt mean we should not reach out to newer members who do not know about this initiative and get them to sign up as well.
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
You are looking at it from a very narrow perspective. Think about how much persuasion it will take for Congress or USCIS to stick their head out and even attempt to consider this proposal! No one is waiting to create an opportunity for us to file I-485. Even USCIS knows roughly from their own data that there are >50-70K folks waiting to file I-485. They just wont acknowledge it because they know the status quo works for them and they are following rules. If we go to them with 1000 letters, the impression will be that less than 2% folks are really desperate for this fix. So why should it even be considered.. especialy considering the climate in the Congress where several anti Congressmen/Congresswomen are waiting to shoot off a letter to the USCIS asking for clarification on why they are doing even very minor (much much smaller than this admin fix) favorable actions for EB immigrant applicants.
1200 seems to be a good number
If you really think so after reading the response above, Pls go ahead and convince IV-Core to proceed with 1200. Contact pappu or starsun.
Good post but we need more information.
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
How many members does IV have in total?
Around 30-40K
What % out of that total has not filed 485 yet?
Maybe around 5K-10K. No one knows for sure. Getting to know this number was the purpose of the survey!!But that doesnt mean we should not reach out to newer members who do not know about this initiative and get them to sign up as well.
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
You are looking at it from a very narrow perspective. Think about how much persuasion it will take for Congress or USCIS to stick their head out and even attempt to consider this proposal! No one is waiting to create an opportunity for us to file I-485. Even USCIS knows roughly from their own data that there are >50-70K folks waiting to file I-485. They just wont acknowledge it because they know the status quo works for them and they are following rules. If we go to them with 1000 letters, the impression will be that less than 2% folks are really desperate for this fix. So why should it even be considered.. especialy considering the climate in the Congress where several anti Congressmen/Congresswomen are waiting to shoot off a letter to the USCIS asking for clarification on why they are doing even very minor (much much smaller than this admin fix) favorable actions for EB immigrant applicants.
1200 seems to be a good number
If you really think so after reading the response above, Pls go ahead and convince IV-Core to proceed with 1200. Contact pappu or starsun.
Good post but we need more information.
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
lazycis
12-19 04:01 PM
Multiple I-485 Filings Not Advisable
�MurthyDotCom
While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.
I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.
�MurthyDotCom
While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.
I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.
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davidk
02-16 08:39 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
more...
amdee
09-22 02:14 PM
I asked 6 other H1B ppl today to register to this site.
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
pbuckeye
08-03 08:36 PM
A beer bottle actually has only about 65 calories, so I would consider it diet food :D
On a serious note - consider switching from a traditional breakfast to oatmeal/cereal.
On a serious note - consider switching from a traditional breakfast to oatmeal/cereal.
more...
GCwaitforever
05-26 10:36 PM
Guy, we can send a small hand written card to our senators and to QGA(if we are thankful enough). Thi is what I'm going to do:cool:
Amen to that.
Amen to that.
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txh1b
04-15 10:46 AM
What took you sooo long to wake up from the slumber and realize that you need to get paid? Look up WH4 and complain to DOL. Look for the contents in the Neufield memo as well.
more...
Ψ
06-09 06:52 PM
there finally got it...after soo many tries....
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jnraajan
03-28 05:25 PM
Has anyone successfully tried this option and recd a response?
more...
sanojkumar
08-21 11:42 AM
Now I need one help. I have moved to Chicago area freom Michigan. We had filed from Michigan. So to change address to get FP notice in Chicago area what all I need to do? I had no Alien number on my I140. Please advice. I am looking at LIN number on the back of the checks. But for my wife she has different LIN number on three checks for I-765, I-485 & FP. Which one will be valid. Can I get any handle from these numbers to make a call to USCIS and request them to change my address online? What is the number for USCIS to call?
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ivgclive
03-20 05:37 PM
Hi Everyone,
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
Congratulations!
If you have the baby in India, you can bring only if you are in H1B as H4.
EAD - Sorry.
If you plan to stay in US, forget your family events, they are the payments you make towards your GC.
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
Congratulations!
If you have the baby in India, you can bring only if you are in H1B as H4.
EAD - Sorry.
If you plan to stay in US, forget your family events, they are the payments you make towards your GC.
more...
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Templarian
04-23 08:30 AM
Search SDL its a nice way to learn graphics and moving imges and such.
http://en.wikipedia.org/wiki/Simple_DirectMedia_Layer
http://en.wikipedia.org/wiki/Simple_DirectMedia_Layer
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a1b2c3
12-19 11:39 AM
If you think you displaced some americans, please give back their jobs and leave the country.:rolleyes:. Your GC status need not stop you from doing so.
Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.
Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.
more...
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prinive
01-02 03:11 PM
The way USCIS behave anything can happen any time...
Dont loose your heart ...
You just started the journey....
Good Luck...
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Dont loose your heart ...
You just started the journey....
Good Luck...
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
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hojo
08-19 07:47 PM
i saw this cool tutorial that used really simple technique to make a really cool outcome.
the tutorial was on making realistic looking fire. so what he did was he wrote text, raterized it, rotated 90 degrees CW and added wind from left. then he rotated back and did an ocean ripple. it sounds more complicated then it really is.
anyway, heres the final product:http://24.26.33.8:42/hojo.bmp
the tutorial was on making realistic looking fire. so what he did was he wrote text, raterized it, rotated 90 degrees CW and added wind from left. then he rotated back and did an ocean ripple. it sounds more complicated then it really is.
anyway, heres the final product:http://24.26.33.8:42/hojo.bmp
more...
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satya1234
03-27 05:35 PM
Thanks for the reply.
Looks like i would have mis communicated. I am sorry for that.
I94 rejected which is applied by my New Employer NOT the one which is applied by current employer (applied for extension) . So whatt i was told is "I can stay and work with my old employer for 240 days " . So currently am working on my current employer extension .
Still it is not legal to stay here..??
Looks like i would have mis communicated. I am sorry for that.
I94 rejected which is applied by my New Employer NOT the one which is applied by current employer (applied for extension) . So whatt i was told is "I can stay and work with my old employer for 240 days " . So currently am working on my current employer extension .
Still it is not legal to stay here..??
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vnsriv
07-21 11:44 AM
Damn I am going to be pissed off if he gets a green card before I do.
Beckham has all the 3-in-1 qualification for GC .
Beckham has all the 3-in-1 qualification for GC .
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little_willy
05-22 12:10 PM
plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
;)
I wish people heed to this request, this will help some one like me. I missed the dates by 5 days. (PD is June 6, 2003. EB-3):(
;)
I wish people heed to this request, this will help some one like me. I missed the dates by 5 days. (PD is June 6, 2003. EB-3):(
nixstor
02-23 02:33 PM
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
Shirish,
I guess you are in VA. My wife is in School at Mason. She is on H-4 as well. Send me an email or call me if you need more info regarding this. I can give you more info if this is with regards to Mason.
Shirish,
I guess you are in VA. My wife is in School at Mason. She is on H-4 as well. Send me an email or call me if you need more info regarding this. I can give you more info if this is with regards to Mason.
gemini23
07-27 10:23 AM
thanks for answering. I guess this is a stupid question, but i have one.
would the applicant need to have a job while applying for EAD renewal?
would the applicant need to have a job while applying for EAD renewal?
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