lazycis
11-20 01:11 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."
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."
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kate123
02-25 05:17 PM
I would be the most happiest person if that happens :D
i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.
Thank's
mdix
i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.
Thank's
mdix
nixstor
04-30 03:07 PM
SO IF they move PD's to 2006 dec then there is aposibility that all 2006 pd 's get GC's before @001 pd's.:mad:
Aytes said " We are moving towards processing based on the shift in priority dates"
what I understood is Aytes is talking about the sweep USCIS is conducting as soon as the VB released. The sweep was mentioned by a lot of service center personnel when members were calling for case status
Aytes said " We are moving towards processing based on the shift in priority dates"
what I understood is Aytes is talking about the sweep USCIS is conducting as soon as the VB released. The sweep was mentioned by a lot of service center personnel when members were calling for case status
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susie
07-13 09:37 PM
I think it is time to write to Senators and Congressmen about the DREAM Act. Please see the post below that the Act is being re-introduced. It is under the thread "Alert from AILA for Dream Act Support". We should make sure that it is appplied to all children, including documented. As it last stood in CIR, the DREAM Act applied to only undocumented children.
I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
I am planning to send emails to as many senators as possible over the weekend.
________________________________________
Alert from AILA for Dream Act Support
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa
I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
I am planning to send emails to as many senators as possible over the weekend.
________________________________________
Alert from AILA for Dream Act Support
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa
more...
praky
09-11 10:27 PM
Absolutely , Do you have the address and responsible person for DOL,NSC,TSC? I just want to modify the letter and want to seek each ones responsibilty.
Lets get together folks and try to get some answers from DOL and USCIS , dont sit back and relax ..Its for every one ...lets get some thing kicked off
Stop Worrying ...Stop Talking ...Start Doing ...
Some may be worried to reveal identity ordering online ..lets buy 14 math books from local book store(or dollar store) and send 5 books to USCIS , 5 to DOL , 2 to TSC , 2 to NSC with name " GC aspirant from India or China" ...what do you guys think ? shall we kick this off this week end with differnt message to each one of them involved ?
Thatz very cool... I'm in for this. Will send the books to USCIS n DOS folks.
Lets get together folks and try to get some answers from DOL and USCIS , dont sit back and relax ..Its for every one ...lets get some thing kicked off
Stop Worrying ...Stop Talking ...Start Doing ...
Some may be worried to reveal identity ordering online ..lets buy 14 math books from local book store(or dollar store) and send 5 books to USCIS , 5 to DOL , 2 to TSC , 2 to NSC with name " GC aspirant from India or China" ...what do you guys think ? shall we kick this off this week end with differnt message to each one of them involved ?
Thatz very cool... I'm in for this. Will send the books to USCIS n DOS folks.
americandesi
05-02 11:10 PM
what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...
well damn you king, issue GCs faster then!
King's statement doesn't make any sense. If you equate the same logic to GC holders, then they had enjoyed all the privileges of work/travel by getting his/her GC, even if their naturalization gets rejected down the line.
well damn you king, issue GCs faster then!
King's statement doesn't make any sense. If you equate the same logic to GC holders, then they had enjoyed all the privileges of work/travel by getting his/her GC, even if their naturalization gets rejected down the line.
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pstvak
09-11 08:16 PM
I support this great org. Difficult to travel from WA with famliy and kid.
Contributed 100$. Google Order #204480874815294
Regards
Contributed 100$. Google Order #204480874815294
Regards
2010 The Legend of Zelda Wallpaper
Sachin_Stock
08-23 01:02 PM
I don't find anything in this memo that contradicts or radically changes the way EB-2 category has been affected. Correct me if I am wrong.
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ivgoodluck
09-13 08:07 PM
I made my first time $100 contribution
Order Details - Sep 13, 2007 8:26 PM EDT
Google Order #573069996350097
Thank you IV for all your efforts. Keep up the good work.
Thanks
Subbbaiah
Order Details - Sep 13, 2007 8:26 PM EDT
Google Order #573069996350097
Thank you IV for all your efforts. Keep up the good work.
Thanks
Subbbaiah
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matreen
07-15 03:00 PM
Contributed 25 dollars via bill pay...
How do I contribute online - i would like to transfer one time payment for this tread to IV....
Please advice how do I do online transfer?
Good work guys...lets move on.
M
How do I contribute online - i would like to transfer one time payment for this tread to IV....
Please advice how do I do online transfer?
Good work guys...lets move on.
M
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Macaca
09-12 04:04 PM
Michael Abramowitz: abramowitz@washpost.com *
Joel Achenbach: achenbachj@washpost.com *
N.C. Aizenman (http://projects.washingtonpost.com/staff/email/n.c.+aizenman/): Aizenmann@washpost.com *
Lori Aratani (http://projects.washingtonpost.com/staff/email/lori+aratani/)
Peter Baker: bakerp@washpost.com *
Daniel J. Balz: balzd@washpost.com *
Stephen Barr
Jeff Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/)
William Branigin
David S. Broder: davidbroder@washpost.com *
Karin Brulliard: Brulliardk@washpost.com *
Ruben Castaneda
Chris Cillizza (http://projects.washingtonpost.com/staff/email/chris+cillizza)
Andrew Cockburn
Donald B. Cofman
Pamela Constable: Constablep@washpost.com *
Tim Craig: Craigt@washpost.com *
Jessica Dawson
Daniela Deane
Virgil Dickson
E. J. Dionne Jr.: postchat@aol.com (doesn't work)
Anthony Faiola: 104704.3367@compuserve.com, faiolaa@washpost.com *
Rachel Dry
Darryl Fears: fearsd@washpost.com *
Marc Fisher: marcfisher@washpost.com *
Michael A. Fletcher (http://projects.washingtonpost.com/staff/email/michael+a.+fletcher/)
Manuel Roig-Franzia
Dan Froomkin (http://projects.washingtonpost.com/staff/email/dan+froomkin/)
Sonya Geis
Christy Goodman: goodmanc@washpost.com *
Annie Gowen
George W. Grayson
Hamil R. Harris: harrish@washpost.com *
Jim Hoagland jimhoagland@washpost.com *
Deborah Howell: atombudsman@washpost.com 202-334-7582 (doesn't work)
Spencer Hsu: hsus@washpost.com *
David Ignatius: davidignatius@washpost.com *
S Mitra Kalita: kalitam@washpost.com *
Paul Kane
Cecilia Kang
Charles Krauthammer: letters@charleskrauthammer.com *
Howard Kurtz: kurtzh@washpost.com *
Ernesto Londo�o
Sebastian Mallaby: smallaby@cfr.org *
Tammi Marcoullier
Raymond McCaffrey
Dana Milbank: milbankd@washpost.com *
Mariana Minaya
Nick Miroff: Miroffn@washpost.com *
David Montgomery: montgomery@washpost.com *
Lisa de Moraes
Sylvia Moreno: morenos@washpost.com *
Dan Morse
Jonathan Mummolo
Robert D. Novak (http://projects.washingtonpost.com/staff/email/robert+d.+novak/)
Amy Orndorff
Eugene Robinson eugenerobinson@washpost.com *
Manuel Roig-Franzia
Candace Rondeaux
Robert J. Samuelson: writersgrp@washpost.com *
Marcela Sanchez: desdewash@washpost.com *
Brigid Schulte: schulteb@washpost.com *
Delphine Schrank
Ian Shapira
Michael D. Shear shearm@washpost.com *
Robin Shulman: shulmanr@washpost.com *
Sandhya Somashekhar: Somashekhars@washpost.com *
Miranda S. Spivack
Bill Turque: turqueb@washpost.com *
Jose Antonio Vargas
Theresa Vargas: vargast@waspost.com *
Daniel de Vise
William Wan
Jonathan Weisman: Weismanj@washpost.com *
Eric Weiss (http://projects.washingtonpost.com/staff/email/eric+m.+weiss/)
Ovetta Wiggins (http://projects.washingtonpost.com/staff/email/ovetta+wiggins/)
George F. Will georgewill@washpost.com *
Krissah Williams: williamsk@washpost.com *
Elizabeth Williamson (http://projects.washingtonpost.com/staff/email/elizabeth+williamson/)
Robin Wright: wrightr@washpost.com *
Xiyun Yang: yangx@washpost.com * (doesn't work)
Joel Achenbach: achenbachj@washpost.com *
N.C. Aizenman (http://projects.washingtonpost.com/staff/email/n.c.+aizenman/): Aizenmann@washpost.com *
Lori Aratani (http://projects.washingtonpost.com/staff/email/lori+aratani/)
Peter Baker: bakerp@washpost.com *
Daniel J. Balz: balzd@washpost.com *
Stephen Barr
Jeff Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/)
William Branigin
David S. Broder: davidbroder@washpost.com *
Karin Brulliard: Brulliardk@washpost.com *
Ruben Castaneda
Chris Cillizza (http://projects.washingtonpost.com/staff/email/chris+cillizza)
Andrew Cockburn
Donald B. Cofman
Pamela Constable: Constablep@washpost.com *
Tim Craig: Craigt@washpost.com *
Jessica Dawson
Daniela Deane
Virgil Dickson
E. J. Dionne Jr.: postchat@aol.com (doesn't work)
Anthony Faiola: 104704.3367@compuserve.com, faiolaa@washpost.com *
Rachel Dry
Darryl Fears: fearsd@washpost.com *
Marc Fisher: marcfisher@washpost.com *
Michael A. Fletcher (http://projects.washingtonpost.com/staff/email/michael+a.+fletcher/)
Manuel Roig-Franzia
Dan Froomkin (http://projects.washingtonpost.com/staff/email/dan+froomkin/)
Sonya Geis
Christy Goodman: goodmanc@washpost.com *
Annie Gowen
George W. Grayson
Hamil R. Harris: harrish@washpost.com *
Jim Hoagland jimhoagland@washpost.com *
Deborah Howell: atombudsman@washpost.com 202-334-7582 (doesn't work)
Spencer Hsu: hsus@washpost.com *
David Ignatius: davidignatius@washpost.com *
S Mitra Kalita: kalitam@washpost.com *
Paul Kane
Cecilia Kang
Charles Krauthammer: letters@charleskrauthammer.com *
Howard Kurtz: kurtzh@washpost.com *
Ernesto Londo�o
Sebastian Mallaby: smallaby@cfr.org *
Tammi Marcoullier
Raymond McCaffrey
Dana Milbank: milbankd@washpost.com *
Mariana Minaya
Nick Miroff: Miroffn@washpost.com *
David Montgomery: montgomery@washpost.com *
Lisa de Moraes
Sylvia Moreno: morenos@washpost.com *
Dan Morse
Jonathan Mummolo
Robert D. Novak (http://projects.washingtonpost.com/staff/email/robert+d.+novak/)
Amy Orndorff
Eugene Robinson eugenerobinson@washpost.com *
Manuel Roig-Franzia
Candace Rondeaux
Robert J. Samuelson: writersgrp@washpost.com *
Marcela Sanchez: desdewash@washpost.com *
Brigid Schulte: schulteb@washpost.com *
Delphine Schrank
Ian Shapira
Michael D. Shear shearm@washpost.com *
Robin Shulman: shulmanr@washpost.com *
Sandhya Somashekhar: Somashekhars@washpost.com *
Miranda S. Spivack
Bill Turque: turqueb@washpost.com *
Jose Antonio Vargas
Theresa Vargas: vargast@waspost.com *
Daniel de Vise
William Wan
Jonathan Weisman: Weismanj@washpost.com *
Eric Weiss (http://projects.washingtonpost.com/staff/email/eric+m.+weiss/)
Ovetta Wiggins (http://projects.washingtonpost.com/staff/email/ovetta+wiggins/)
George F. Will georgewill@washpost.com *
Krissah Williams: williamsk@washpost.com *
Elizabeth Williamson (http://projects.washingtonpost.com/staff/email/elizabeth+williamson/)
Robin Wright: wrightr@washpost.com *
Xiyun Yang: yangx@washpost.com * (doesn't work)
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delhikadesi
09-14 12:44 AM
whats wrong with you guys...you guys are filed in EB3 category...does not mean that you are less then any EB2 person.
cant you understand one simple logic? EB2 category(not an individual) will get cards sooner then EB3 category.
So if you were eligibile or had a choice, why you chose EB3????
now since you did choose, you are supporting this backgate system of porting to EB2? how do you justify that?????
you or your employer told USCIS to get a card for you in EB3 category, if you do not want that, file NEW !!!
In the eyes of americans we are skilled workers, but we all are selfish and vulnerable to white man politics!!!!
DAMN this card and I wish to see when we all cherish our self respect and does not get treated like beggars by USCIS.
If we all have balls then lets do some kind of bycott ...else keep watching your brother in this stupid ration line and you enjoy your food (if you get lucky by USCIS)
cant you understand one simple logic? EB2 category(not an individual) will get cards sooner then EB3 category.
So if you were eligibile or had a choice, why you chose EB3????
now since you did choose, you are supporting this backgate system of porting to EB2? how do you justify that?????
you or your employer told USCIS to get a card for you in EB3 category, if you do not want that, file NEW !!!
In the eyes of americans we are skilled workers, but we all are selfish and vulnerable to white man politics!!!!
DAMN this card and I wish to see when we all cherish our self respect and does not get treated like beggars by USCIS.
If we all have balls then lets do some kind of bycott ...else keep watching your brother in this stupid ration line and you enjoy your food (if you get lucky by USCIS)
more...
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valuablehurdle
06-21 01:16 PM
My Lawyer filed 20 cases for labor since January '07. None have neen approved yet as of today.
Labor filed: April 15th, '07 EB2 'In Process'
Labor filed: April 15th, '07 EB2 'In Process'
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newuser
09-12 10:29 AM
I am Ok with this idea as long as the issue doesn't get diluted.
I think everyone should send the letter in the same format though.
I think everyone should send the letter in the same format though.
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meandmygc
09-10 04:48 PM
Contributed $100 via Google checkout. I could not make to the rally but planning on sponsoring one of our friend who can make it.
I personally thank all the guys who are attending the rally in person, much appreciated.
I personally thank all the guys who are attending the rally in person, much appreciated.
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sagis99
08-08 11:06 AM
Lets all try to send this letter. I'm working with my HR to get this 7001 out - As Pappu said there should not be any reason why HR wont sign that form.
What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.
This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.
It's always nice to get some kind response like this. thanks.
What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.
This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.
It's always nice to get some kind response like this. thanks.
more...
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Libra
09-13 11:42 AM
Thank you mohitb272 for the contribution.
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genius
11-19 10:09 PM
Pasadena,CA (Los Angeles County)
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485Question
09-10 11:47 AM
Great going.
gcwatchdog
11-05 05:04 PM
So far lot of discussions on how to start LLC/Inc
but how to start a company without changing current status
Here is my status:
My wife and I are on H1 and we got our EAD's now the question are:-
My wife remains on her H1 for safe....until we get GC.
Is it possible me to stay on H1 and start a LLC using my EAD to do a parttime business ?
Please provide Pros and cons if any.....
Thanks
but how to start a company without changing current status
Here is my status:
My wife and I are on H1 and we got our EAD's now the question are:-
My wife remains on her H1 for safe....until we get GC.
Is it possible me to stay on H1 and start a LLC using my EAD to do a parttime business ?
Please provide Pros and cons if any.....
Thanks
muni_k
06-10 11:10 AM
snhn
what is a DWI?thanks.
what is a DWI?thanks.
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