addsf345
11-20 03:38 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
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sunny1000
06-02 09:30 PM
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
GCwaitforever
01-13 04:19 PM
Still waiting for labor clearance.
Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)
Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)
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gc_maine2
07-19 02:06 PM
Contributed $100 today, earlier contribution $50.
Order Details - Jul 19, 2007 2:28 PM EDT
Google Order #464374160968946
Order Details - Jul 19, 2007 2:28 PM EDT
Google Order #464374160968946
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black_logs
01-11 11:39 AM
1 point we should make to the lawmakers is to make an administraive change to give 3 years extensions and abolish 1 year extensions. As 1 year extensions are not suffecient a very solid case can be presented for that case.
1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
2) H1B Extension is taking 4-6 months
3) No Visa stamping in U.S.
The problem are just too many we need a proper channel to raise our voice to them
1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
2) H1B Extension is taking 4-6 months
3) No Visa stamping in U.S.
The problem are just too many we need a proper channel to raise our voice to them
Humhongekamyab
04-30 02:24 PM
It's live...the webcast.
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willwin
08-13 03:42 PM
From Sept 2008 visa bulletin: "The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September."
I think we must do something for EB3 category. BTW when is congress coming back from recess? Can we do something on the visa recapture bill??
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!
We are not going to get our GC when we need it but only when they give it. And, it is not going to happen anytime sooner.
The options that we have in front of us (which would work for sure):
1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any motivation to our career.
2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!
3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...
We are stuck. And, nobody is going to help us. This is hard fact. Believe it.
Wearing my optimist hat, the only thing I can think of is, whether IV supports it or not (reason I say this is - once we talk about this -the core is going to refer to poor 'high five' collection or 'low number of people calling congressmen' etc. Not blaming them. They have their own issues. For us, the problems are bigger. IV core will not do anything for EB3 I exclusive) some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may atleast help us to chose from one of 3 options listed above.
I think we must do something for EB3 category. BTW when is congress coming back from recess? Can we do something on the visa recapture bill??
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!
We are not going to get our GC when we need it but only when they give it. And, it is not going to happen anytime sooner.
The options that we have in front of us (which would work for sure):
1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any motivation to our career.
2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!
3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...
We are stuck. And, nobody is going to help us. This is hard fact. Believe it.
Wearing my optimist hat, the only thing I can think of is, whether IV supports it or not (reason I say this is - once we talk about this -the core is going to refer to poor 'high five' collection or 'low number of people calling congressmen' etc. Not blaming them. They have their own issues. For us, the problems are bigger. IV core will not do anything for EB3 I exclusive) some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may atleast help us to chose from one of 3 options listed above.
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arnab221
06-10 01:09 PM
The best way is this .
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
more...
snathan
02-07 08:44 PM
nowadays, girls are too much ...
Days are gone where man used to trouble woman.
Nowadays it is very much opposite...
Ya its very much true...so dont marry.
:p
Days are gone where man used to trouble woman.
Nowadays it is very much opposite...
Ya its very much true...so dont marry.
:p
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Duc1
05-20 06:14 PM
I just came across this thread. Is this campaign still on?
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r_mistry
12-27 01:05 PM
I applied I-485/EAD/AP on July 24th at Nebraska. Have received EAD and FP done but AP is still pending.
I noticed couple of soft LUDS on my I-140 (which was approved in Dec, 2006) and I-485 in last few days but nothing on AP. My PD is Oct, 2005 ROW.
Still waiting.......
I noticed couple of soft LUDS on my I-140 (which was approved in Dec, 2006) and I-485 in last few days but nothing on AP. My PD is Oct, 2005 ROW.
Still waiting.......
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Dhundhun
06-25 02:53 PM
I called Rep Lamar Smith office. The lady who picked up the phone asked me we are getting lot of calls. She asked me are you in supprot of the bill? I told her yes. I also told her that I am having master's degree from USA. My children are top student but may not get admission in some of NJ medical college just because we did not get GC since last 7 years. So we need help from Rep Lamar Smith to make USA more competitive. She also wanted to know that from where I was calling.
She told me that she will convey the message to Rep Lamar Smith.
This is thread for What America is losing... - corrected spelling
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
She told me that she will convey the message to Rep Lamar Smith.
This is thread for What America is losing... - corrected spelling
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
more...
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amits
07-19 12:59 PM
Thanks, kvsagar123!!
We need more supporters and contributers like you!!
I am silent reader on this site from last one month. It is great to know lot of people are working hard behing the scenes and really appreciate what IV has done regarding bulletin fiasco.
I will make couple of friends to join IV and contribute.
July 19th : signed up for 50$ recurring contribution
We need more supporters and contributers like you!!
I am silent reader on this site from last one month. It is great to know lot of people are working hard behing the scenes and really appreciate what IV has done regarding bulletin fiasco.
I will make couple of friends to join IV and contribute.
July 19th : signed up for 50$ recurring contribution
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winding
04-30 07:12 PM
http://judiciary.house.gov/media/pdfs/USCIS080430.pdf
more...
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Green.Tech
05-27 02:49 PM
No contributions at all!
Come on folks, contribute!!!
Come on folks, contribute!!!
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r_mistry
01-03 12:05 PM
If they are processing september 16th then we should have received our APs long time ago.
Please provide me the info on contacting NSC. I need to find out what's going on with my application
Thanks for your help !!!
Please provide me the info on contacting NSC. I need to find out what's going on with my application
Thanks for your help !!!
more...
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for_gc
07-14 03:03 PM
Just Contributed $5 using BofA bill pay.
Guys,
Please stick to $5. The idea is to shake out members who till date have made no contributions into making contributions.
If we start contributing different amounts on this thread then this may dilute the impact of the idea.
Guys,
Please stick to $5. The idea is to shake out members who till date have made no contributions into making contributions.
If we start contributing different amounts on this thread then this may dilute the impact of the idea.
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mpadapa
09-09 03:12 PM
contributed 1% towards the target ($300 Google Order #755634519056506). Feels good:D
Let us rock and roll in DC on Sep 18..
GO IV GO
Let us rock and roll in DC on Sep 18..
GO IV GO
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zoozee
07-21 12:25 PM
Grim EAD situtation , Oh my god!
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
Hello,
A kind request - can someone remove this kinda thread with heavy calculation from our senior member - Sorry to say but this is definitely not a good time to start this kinda discussion especially that we are filling our docs and where so many of us are stuck in our employers dealing with us who has not filled our EAD/AP.
Please remove this thread .
Regards,
Zee.
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
Hello,
A kind request - can someone remove this kinda thread with heavy calculation from our senior member - Sorry to say but this is definitely not a good time to start this kinda discussion especially that we are filling our docs and where so many of us are stuck in our employers dealing with us who has not filled our EAD/AP.
Please remove this thread .
Regards,
Zee.
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
Saralayar
03-04 03:36 PM
bole to sub ka current booking main chance lagta hai....ticket milega...subko...:)....bahoot jaldi....
What do you mean buddy??. It is a common forum. Use common language. For lot of people it looks like "Greek and Latin":confused:.
What do you mean buddy??. It is a common forum. Use common language. For lot of people it looks like "Greek and Latin":confused:.
raj_vagc_oct02
01-13 04:13 PM
Hi All,
I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.
Thanks
RAJ
SWA: Virginia
SWA Receipt Date (Priority Date): October 31,2002
EB2 - RIR
Forwarded to Philadelphia Regional DOL on June 22, 2004
BEC Case Number: P-04282-*****
45 Day Letter Received and Replied : Feb 2005
I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.
Thanks
RAJ
SWA: Virginia
SWA Receipt Date (Priority Date): October 31,2002
EB2 - RIR
Forwarded to Philadelphia Regional DOL on June 22, 2004
BEC Case Number: P-04282-*****
45 Day Letter Received and Replied : Feb 2005
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