addsf345
11-19 01:26 PM
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
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ash0210
06-05 02:43 PM
You will get EAD immaterial of I-140 approval...I got my EAD approximately in 3 months & my I-140 was approved after 9 months after filing ( this 9 month includes one RFE on my I-140)..
In short, You/your son will get EAD immaterial of your I-140 approval...
I am talking to my immigration attorney right now to get all paperwork filed concurrently.
My attorney say's EAD's are generally approved within 90 days. Will that be before my I-140 is approve or doesn't that matter?
Regards to all,
Bodran
In short, You/your son will get EAD immaterial of your I-140 approval...
I am talking to my immigration attorney right now to get all paperwork filed concurrently.
My attorney say's EAD's are generally approved within 90 days. Will that be before my I-140 is approve or doesn't that matter?
Regards to all,
Bodran
ashutrip
06-18 11:03 AM
Hope not, we never thought that this will be current so soon. so my gut feeling is that we all should be fine up until Sep end.
Good luck for you and all!
I am praying what u say is right!1111
Good luck for you and all!
I am praying what u say is right!1111
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GooblyWoobly
03-18 03:16 AM
The upper limit should be on a per state basis, at the very least. 150K AGI in CA is not much of a deal. Pretty much all double income families will cross that limit, and quite a few single income ones. Bummer!!:mad:
BTW, you can barely afford a Condo or a low end home in Bay Area for 150k AGI.
Not surprising. People who earn $75K (single) or $150K (as a couple) are not the ones who drastically change their lifestyles because of recession or high gas prices. In fact these people are anyways earning much above the national average. It's the low/middle-income folks that bear the brunt of high inflation and soaring gas prices...they are the ones being goaded into spending.
Anyways, think twice before you spend the rebate foolishly. Why not send it to IV, contribute to an IRA or fund your kid's 529 plan?
Thanks,
Jayant
BTW, you can barely afford a Condo or a low end home in Bay Area for 150k AGI.
Not surprising. People who earn $75K (single) or $150K (as a couple) are not the ones who drastically change their lifestyles because of recession or high gas prices. In fact these people are anyways earning much above the national average. It's the low/middle-income folks that bear the brunt of high inflation and soaring gas prices...they are the ones being goaded into spending.
Anyways, think twice before you spend the rebate foolishly. Why not send it to IV, contribute to an IRA or fund your kid's 529 plan?
Thanks,
Jayant
more...
samrat_bhargava_vihari
02-13 04:20 PM
It is an Emotional Achievement to me and free from lot of worries with boosted Energy.
Wendyzhu77
06-05 10:51 AM
Numerous students on F1 visa applied 485 and got their GC these years.
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.
more...
mw_immi
01-07 08:37 AM
Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.
Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
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a2006
07-05 03:21 PM
It is always an option for any one with in their org, but if his point is wrong, then IV core leadership should prove him that they are not sitting idle or moving very very slow.
Every one starting their own organization or asking to do so doesn't solve the purpose.
Why cant he start an initiative and take it to completion and show everybody that he can do something. IV is for everybody just complaining wouldn't take us far. :confused:
Every one starting their own organization or asking to do so doesn't solve the purpose.
Why cant he start an initiative and take it to completion and show everybody that he can do something. IV is for everybody just complaining wouldn't take us far. :confused:
more...
SkilledWorker4GC
07-15 04:48 PM
Total So far 1435.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
WAKE UP GUYS
WAKE UP GUYS
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meridiani.planum
12-19 12:40 AM
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
bad economy of 2009 is irrelevant to PD movement because of the huge backlog of pending cases. Just see the stats the USCIS had released earlier. Also, PERM applications dont take visa number. A visa number is allocated when a 485 is being approved.
So EBI reaching 2008 is almost certainly a zero possibility unless there are some legislative changes. There are simply too many pending cases from 2005, 2006.
bad economy of 2009 is irrelevant to PD movement because of the huge backlog of pending cases. Just see the stats the USCIS had released earlier. Also, PERM applications dont take visa number. A visa number is allocated when a 485 is being approved.
So EBI reaching 2008 is almost certainly a zero possibility unless there are some legislative changes. There are simply too many pending cases from 2005, 2006.
more...
alterego
02-20 04:15 AM
I am not entirely sure about the 1% number. I feel it may be somewhat higher than that.
If indeed the ratio is 1%, then things are very dire, since with the economy as it is, we probably will not see any expansion in EB immigration in the near term.
Additionally the L1-EB1 route as multinational manager is very much alive and well, and is arguably the preferred and probably only viable route for any Indian prospectively attempting to immigrate to the USA. The numbers of such applicants might be larger than we know. If anyone has any data on that and specifically about the change in those numbers ever since retrogression hit, please post it.
In all honesty, I know the guys applying anew need a little hope and encouragement, but with perhaps 300K people and rising ahead of you in the EB India queue and slim to none chance of EB expansion in the near term, what are the odds of getting through that line in the next decade?
If indeed the ratio is 1%, then things are very dire, since with the economy as it is, we probably will not see any expansion in EB immigration in the near term.
Additionally the L1-EB1 route as multinational manager is very much alive and well, and is arguably the preferred and probably only viable route for any Indian prospectively attempting to immigrate to the USA. The numbers of such applicants might be larger than we know. If anyone has any data on that and specifically about the change in those numbers ever since retrogression hit, please post it.
In all honesty, I know the guys applying anew need a little hope and encouragement, but with perhaps 300K people and rising ahead of you in the EB India queue and slim to none chance of EB expansion in the near term, what are the odds of getting through that line in the next decade?
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SkilledWorker4GC
07-15 11:43 AM
I donate another $5 if we reach $2000.00 today.
Total so far = $1170.00
when the high five drive reaches 2000 $
I pledge one High ($5) FiVe
Any one else wants join with me to pledge Just 5$ at 2000 $
Bestofall
EB2-2005 India
Jul 2 485 Applied
Total so far = $1170.00
when the high five drive reaches 2000 $
I pledge one High ($5) FiVe
Any one else wants join with me to pledge Just 5$ at 2000 $
Bestofall
EB2-2005 India
Jul 2 485 Applied
more...
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Devils_Advocate
07-06 03:58 PM
Actually i think you guys have misconstrued Teli's comment, he didn't make that quote himself, he just quoted what one of the ugliest Anti Indian said to us on his blog today
Life of an I.T. Grunt (http://itgrunt.com/)
BTW TunnelRats blog was pulled off from the servers for his shit langauge against Indians;)
He is now using an offshored server!
Life of an I.T. Grunt (http://itgrunt.com/)
BTW TunnelRats blog was pulled off from the servers for his shit langauge against Indians;)
He is now using an offshored server!
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eager_immi
02-12 10:56 PM
My spouse's is still pending
PD 03/20/2005
Philly backlog center
Lawyer is filling RIR
PD 03/20/2005
Philly backlog center
Lawyer is filling RIR
more...
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needhelp!
09-10 05:08 PM
Send your donation to:
Immigration Voice
PO Box 114
Dayton, NJ - 08810
Telephone: (202) 386-6250
Hello!
If possible can you allow people to donate any amount they want?
I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.
My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.
Thanks and Regards
Immigration Voice
PO Box 114
Dayton, NJ - 08810
Telephone: (202) 386-6250
Hello!
If possible can you allow people to donate any amount they want?
I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.
My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.
Thanks and Regards
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gc_on_demand
06-10 09:47 AM
Please call .. Nothing is going to happen unless we see those 3 EB bills approved..
more...
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GCBy3000
07-06 04:49 PM
What does this statement mean?
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
per existing policies and procedures, requests for Premium Processing Service will continue to be processed within 15 days. USCIS wishes to assure all customers that the original received date (the date which the document is date stamped) will be honored and recorded on the receipt notice. This date will appear in the "Received Date" box on Form I-797, Notice of Action. The received date is different from the "Notice Date", which also appears on Form I-797. The Notice Date is the date the receipt notice was actually generated.
Why USCIS suddenly did this press release? Something fishy?
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
per existing policies and procedures, requests for Premium Processing Service will continue to be processed within 15 days. USCIS wishes to assure all customers that the original received date (the date which the document is date stamped) will be honored and recorded on the receipt notice. This date will appear in the "Received Date" box on Form I-797, Notice of Action. The received date is different from the "Notice Date", which also appears on Form I-797. The Notice Date is the date the receipt notice was actually generated.
Why USCIS suddenly did this press release? Something fishy?
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needhelp!
05-28 11:10 AM
Seems like there are so many threads about EAD renewals right now, are we going to be content with renewing EADs for the next 5,6,8 years? While there are no restrictions on discussing individual issues, lets not lose sight of the real cause of our group.
Contribute so that IV can assign more resources to work on fixing this whole mess!
Contribute so that IV can assign more resources to work on fixing this whole mess!
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makemygc
08-02 04:03 PM
I have talked to a representative and he very patiently explained me about the mess.
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
Any updates for TSC who sent their applications to NSC??
He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.
He mentioned that they are working hard to meet this deadline.
Hope this clears the anxiety.
Any updates for TSC who sent their applications to NSC??
diptam
07-06 02:35 PM
More important is the last 48 hrs where they processed 25000 cases
AT-WILL.
Ohh this guy has a good first name - 485 granted.
Ohh this guy married twice,needs money - 485 granted.
Ooh this girl doesnt look good - 485 denied.
Ooh this girl has excellent looks - 485 granted.
Ooh This couple stayed EUROPE not so loyal - 485 denied.
and so on and so forth....
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
AT-WILL.
Ohh this guy has a good first name - 485 granted.
Ohh this guy married twice,needs money - 485 granted.
Ooh this girl doesnt look good - 485 denied.
Ooh this girl has excellent looks - 485 granted.
Ooh This couple stayed EUROPE not so loyal - 485 denied.
and so on and so forth....
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
Mouns
04-30 03:48 PM
The adjucation will always be of the same quality.
Although it is too long now, they won't speed it up :mad:
Although it is too long now, they won't speed it up :mad:
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