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Loss of employment can jeopardize visa, green-card status ??

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Filed: Lift. Cond. (pnd) Country: India
Timeline

Hi all,

I founf this report here

http://www.ifire.org/phpbb3b/viewtopic.php?f=2&p=3456

Interesting. Legal foreign workers can collect unemployment benefits while they compete with Americans for a limited number of jobs.

Published: January 11, 2009 3:00 a.m.

--------------------------------------------------------------------------------

Foreign workers fret while jobs cut

Loss of employment can jeopardize visa, green-card status

AMY TAXINAssociated PressSANTA ANA, Calif. – For foreign professionals in the United States, the rising unemployment rate is especially daunting.

Laid-off foreign workers are scrambling for temporary visas and seeking advice from immigration attorneys about how long they can legally stay in the country while hunting for jobs.

Even some foreigners here on visas or work permits are switching employers, fearing that an unstable job during a recession could ultimately lead to a one-way ticket home or kill their chance of getting a green card.

Thirty-eight-year-old Caron Traub of South Africa panicked after losing her job as a business development manager for an envelope manufacturer. With plans for an April wedding in Atlanta to her Canadian fiance, who has a green card, Traub worried she could be forced to leave the country before then and be unable to get back in.

“It’s very scary stuff,” said Traub, who applied for a temporary visa to stay in the country legally and look for a job.

An undetermined number of foreign workers have been casualties of the recession, which pushed the nationwide jobless rate to 6.7 percent in November, a 15-year high. Economists expect the jobless rate will continue to climb through much of 2009 and could surpass 8 percent.

Foreign residents with valid visas that authorize them to work in the United States can qualify for jobless benefits if they meet the requirements of the state in which they file, according to the Labor Department.

Nearly a half-million foreign professionals are working in the country on visas, known as H-1Bs, or have applied for green cards with support from their employers, said Stuart Anderson, executive director of the National Foundation for American Policy, a policy research group in Arlington, Va. Many came to the United States to pursue graduate degrees and have lived and worked here for years.

Those who lose their jobs in the downturn may head home or move to countries that have more lenient immigration rules. That could drive much-needed innovation in technology and engineering overseas in the years ahead, Anderson said.

“What you may find is there are people who could be future entrepreneurs in the United States who end up starting these companies in other countries,” he said.

Companies are required to notify the U.S. immigration agency when a visaholder stops working for them, but the government does not track how many skilled professionals leave their jobs because of layoffs, said Bill Wright, an agency spokesman. There are many reasons a foreign worker might leave a company in good economic times as well as bad – for example, to move to a better job, he said.

Immigration lawyers say they have received an increasing number of calls from foreign professionals who have been terminated – many in the financial services industry as investment banks slash payroll to stay afloat.

Cyrus Mehta, an immigration attorney in New York, said he was fielding a call a week from foreign workers who lost their jobs in the past year.

Carmita Alonso, a partner at corporate immigration law firm Fragomen, Del Rey, Bernsen & Loewy, said she has worked with at least 100 visaholders in the same predicament since late 2007. “This is definitely worse than we’ve seen in quite some time,” Alonso said.

After the dot-com bust in 2000, many high-tech workers were laid off and some foreign workers returned overseas. This time, immigration attorneys say the pain began primarily in the financial sector – although manufacturing and technology companies have also started eliminating jobs.

One of the biggest challenges for laid-off visa holders is the lack of a grace period to leave. Companies must provide a return ticket home for workers, who may try to switch to another visa, such as a six-month tourist visa, to buy time to pack their bags or look for another job.

Immigrants seeking green cards – which would let them remain in the country permanently – face different problems. If they are laid off, they can stay and look for a new job but must find one before the government reviews their paperwork, which could take months or years, depending how far along they are in the process. The bottom line: no employer, no green card.

Harsh Dharwad, a 31-year old electrical engineer from India, said he made a quick move to California with his wife and 1-year old daughter in September after the automotive supplier where he worked in Alabama began shedding workers.

“It was a tough decision to make, but I didn’t want to get stuck in a position where if I got laid off, I could be in a no-win situation,” said Dharwad, who now works for a medical device company.

During an economic slump, companies may reduce hiring abroad to scale back on legal fees. They also may do so to comply with U.S. laws that ban firms from sponsoring foreigners for green cards to replace laid-off American workers, said Robert Hoffman, president of government and public affairs at Oracle and co-chairman of Compete America, a coalition that supports bringing more skilled workers to the United States.

A clearer picture of the recession’s effect on foreign workers could emerge in April when companies can request visas for workers they hope to hire in 2009.

The demand for visas tends to mirror the rise and fall of the U.S. economy – which has many attorneys guessing that cash-strapped companies will ask for fewer visas this spring.

“I think they’re looking at every penny, and this is a short-term cost they may want to avoid,” said Tim Barker, partner at Fragomen in Los Angeles.

Copyright © 2009 The Journal Gazette. All rights reserved. News service copy is used with permission. The information contained in the report may not be published, broadcast, rewritten or redistributed without the prior written authority of The Journal Gazette or granting news service.

AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

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Filed: Lift. Cond. (pnd) Country: India
Timeline

one disturbing aspect here in this report is the paragraph

"Immigrants seeking green cards – which would let them remain in the country permanently – face different problems. If they are laid off, they can stay and look for a new job but must find one before the government reviews their paperwork, which could take months or years, depending how far along they are in the process. The bottom line: no employer, no green card."

1) what do they mean by bo employer ...no green card ?? what about people who are adjusting here based on marriage from B1/B2... how can this rule be true for them ?? any idea ??

2) can someone who is adjusting from B1/b2 after marriage to USC , can collect umeployment after getting an EAD ? any idea ?

The whole news is disturbing no doubt.

AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

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Filed: Country: Indonesia
Timeline

1. It's for people who adjust from work visa to green card. No impact on most couple in visajourney as it is based on marriage.

2. You will be eligible for unemployment if you met the eligibility. Different state has different eligibility rules.

I-130

Jun 28 2004 : Received at NSC

Oct 25 2004 : Transferred to CSC

Oct 29 2004 : Received at CSC

Nov 8 2004 : Received response from CSC that my file is being requested & review will be done

Nov 10 2004 : Email & online status Approved

Nov 15 2004 : NOA 2 in mail

Dec 16 2004 : NVC assigns case number

Dec 20 2004 : NVC sent DS 3032 to beneficiary, copy of DS 3032 & I-864 fee bill to petitioner

Jan 3 2005 : Petitioner received copy of DS 3032 and I-864 fee bill. Post-marked Dec 23rd.

Jan 11 2005 : Beneficiary received DS 3032 in Indonesia

Jan 31 2005 : Sent DS 3032 to NVC

Feb 8, 2005 : NVC received DS 3032

Feb 21, 2005 : IV fee generated

Feb 25, 2005 : Sent I-864 fee bill

Feb 28, 2005 : I-864 fee bill delivered to St Louis

Mar 3, 2005 : IV fee bill received

Mar 7, 2005 : Sent IV fee bill

Mar 9, 2005 : IV fee bill delivered to St Louis

Mar 28, 2005 : I-864 fee credited against case.

April 6, 2005 : Received I-864 package

April 7, 2005 : Immigrant Visa fee credited against case.

April 11, 2005 : DS 230 is generated

Aug 12, 2005 : I-864 & DS 230 received by NVC

Sep 14, 2005 : RFE on I-864

Nov 3, 2005 : Checklist response received at NVC

Nov 25, 2005 : Case completion

Dec 9, 2005 : Police Cert requested from the Netherlands

Jan 12 2006 : Interview success - Approved !!

Jan 19 2006 : Visa & brown envelope picked up

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Filed: Lift. Cond. (pnd) Country: India
Timeline

Thanks for the information Tom&Tata.... i am at Ohio...trying hard to find some information at Ohio Department of Job & Family Services for people adjusting from marriage, with EAD. Still now i have1nt found anything like that

AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

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Filed: Timeline

I have two brother-in-laws working in the US with H-1B Visas. This is a real problem. Many of them hope to convert to E-1B to stay in the US beyond the time remaining on their H-1B visas. Others, are finding their hours reduced, or facing the possiblilty of being laid-off. They are struggling to find new employer/sponsors so that they can remain legally in the US.

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Filed: Country: Indonesia
Timeline
Thanks for the information Tom&Tata.... i am at Ohio...trying hard to find some information at Ohio Department of Job & Family Services for people adjusting from marriage, with EAD. Still now i have1nt found anything like that

Did you work yet? If you have worked & got laid off, then you might be eligible for unemployment (how long & how much you earn depends on a lot of factors).

http://jfs.ohio.gov/unemp_comp_faq/index.stm#eligibility

Edited by tom&tata

I-130

Jun 28 2004 : Received at NSC

Oct 25 2004 : Transferred to CSC

Oct 29 2004 : Received at CSC

Nov 8 2004 : Received response from CSC that my file is being requested & review will be done

Nov 10 2004 : Email & online status Approved

Nov 15 2004 : NOA 2 in mail

Dec 16 2004 : NVC assigns case number

Dec 20 2004 : NVC sent DS 3032 to beneficiary, copy of DS 3032 & I-864 fee bill to petitioner

Jan 3 2005 : Petitioner received copy of DS 3032 and I-864 fee bill. Post-marked Dec 23rd.

Jan 11 2005 : Beneficiary received DS 3032 in Indonesia

Jan 31 2005 : Sent DS 3032 to NVC

Feb 8, 2005 : NVC received DS 3032

Feb 21, 2005 : IV fee generated

Feb 25, 2005 : Sent I-864 fee bill

Feb 28, 2005 : I-864 fee bill delivered to St Louis

Mar 3, 2005 : IV fee bill received

Mar 7, 2005 : Sent IV fee bill

Mar 9, 2005 : IV fee bill delivered to St Louis

Mar 28, 2005 : I-864 fee credited against case.

April 6, 2005 : Received I-864 package

April 7, 2005 : Immigrant Visa fee credited against case.

April 11, 2005 : DS 230 is generated

Aug 12, 2005 : I-864 & DS 230 received by NVC

Sep 14, 2005 : RFE on I-864

Nov 3, 2005 : Checklist response received at NVC

Nov 25, 2005 : Case completion

Dec 9, 2005 : Police Cert requested from the Netherlands

Jan 12 2006 : Interview success - Approved !!

Jan 19 2006 : Visa & brown envelope picked up

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Share on other sites

Filed: Lift. Cond. (pnd) Country: India
Timeline

thanks for finding out the link for me ... no I have`nt worked as yet. But do you know even i have worked,then laid off & getting unemployment, wd it have any bad effect on getting any future jobs ?

AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

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Share on other sites

Filed: Timeline
thanks for finding out the link for me ... no I have`nt worked as yet. But do you know even i have worked,then laid off & getting unemployment, wd it have any bad effect on getting any future jobs ?

Nope. As long as you leave on good terms, you can use former employers as a reference.

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