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.
wallpaper Foto Bruce Nauman.
wantgc23
04-24 02:50 PM
Hi pappu/admin,
I just signed up for $25 per month contributions, Can you please allow me Donor access when you get a chance.
Thanks!
wantgc23
I just signed up for $25 per month contributions, Can you please allow me Donor access when you get a chance.
Thanks!
wantgc23
satyasaich
09-01 10:11 AM
Came to US in 99
First GC process started by Sprint in Jan2001 (EB2), eventually moved to IBM as employee.
God knows what happened to that LC
Second GC process as following
PD: Nov/2003 EB3 category
Currently on EAD
First GC process started by Sprint in Jan2001 (EB2), eventually moved to IBM as employee.
God knows what happened to that LC
Second GC process as following
PD: Nov/2003 EB3 category
Currently on EAD
2011 Bruce Nauman, Mean Clown
ags123
03-07 01:36 AM
http://www.shusterman.com/
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
more...
eagerr2i
07-06 02:12 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
ameryki
01-19 11:39 AM
Hello Rameshk75,
Thank you very much for your reply. It gave me a mental peace. Do anyone believe if I go to the local office on next tuesday they will do something for me ?
i don't think going to local office is going to help. be patient you should get it. In my case it took almost 4 weeks since it got approved to physically receive AP. Although I don't know how long my lawyer held it prior to mailing it to me.
Thank you very much for your reply. It gave me a mental peace. Do anyone believe if I go to the local office on next tuesday they will do something for me ?
i don't think going to local office is going to help. be patient you should get it. In my case it took almost 4 weeks since it got approved to physically receive AP. Although I don't know how long my lawyer held it prior to mailing it to me.
more...
HV000
07-22 12:28 PM
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
2010 Bruce Nauman, born in Fort
pmamp
07-12 10:36 AM
Where did you get your DL renewed? Which state? :confused:
Hoosier land - Indiana.
Hoosier land - Indiana.
more...
eb3_nepa
07-14 03:34 PM
Sent $21.. 7YB8Z-XTRJT.
Thank you.
Nice. Any particular reason for the 20 + 1? :)
Thank you.
Nice. Any particular reason for the 20 + 1? :)
hair Maladivement peur.
natrajs
10-01 05:04 PM
Let us wait for the statement from USCIS
more...
senk1s
09-26 09:21 AM
manderson: i too dont remember seeing otherwise (that there is a limit)
but that doesnt mean they'll look more closely at the case.
But again you dont 'have' to be working while on EAD (as you are an adjustee) and they decide based on the original company's ability to pay. You can work even for/by yourself (self-employed)
I dont understand how this is all interpreted 'together' - someone else with more expertise than me would help.
but that doesnt mean they'll look more closely at the case.
But again you dont 'have' to be working while on EAD (as you are an adjustee) and they decide based on the original company's ability to pay. You can work even for/by yourself (self-employed)
I dont understand how this is all interpreted 'together' - someone else with more expertise than me would help.
hot ruce nauman, clowns,
saimrathi
07-18 12:38 PM
I posted this on another thread.. Recapturing lost visa numbers from yester years has to be top priority..
lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
more...
house In the 1960s, Bruce Nauman
Almond
12-10 04:45 PM
Ugh, I want to cry right about now. :o
tattoo Bruce Nauman, Clown Torture
pointlesswait
07-15 11:24 PM
$10, via chase!
njoy!
njoy!
more...
pictures 09 13 FiveMarchingMen ar Bruce
Kodi
06-22 11:33 AM
If PD means the date you filed your LC then its May 8th, still not over 90 days.
dresses Bruce Nauman, One Hundred fish
eb3july2003
04-17 08:13 PM
All the best AllVNeedGcPc. I completely understand how difficult it would be to wait for this last step without knowing what is happening.
1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.
*ncscfollowup.nsc@dhs.gov
*ebupdate.tsc@dhs.gov
2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).
3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.
Hope this helps. Let me know if you need any further information.
1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.
*ncscfollowup.nsc@dhs.gov
*ebupdate.tsc@dhs.gov
2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).
3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.
Hope this helps. Let me know if you need any further information.
more...
makeup Bruce Nauman Clown Torture
losthope
06-11 02:11 AM
http://www.socialsecurity.gov/pubs/10024.pdf
girlfriend Bruce Nauman award.
AMKumar
07-06 10:54 AM
Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.
It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
~AMK
hairstyles Bruce Nauman, Window or Wall
mdmd10
07-23 03:56 PM
It is good to know someone with PD Aug 2004 in EB3 from India is getting approval. This gives me confidence that there are not many people waiting in line when the doors open in Oct 2007 with new quota.:)
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
xbohdpukc
04-25 01:05 PM
It really becomes ridiculous. You are totally mistaking the purpose of the CIR. It
s not a policy bill, it's a bill about tweaking the existing policy. Giving everyone a priority date based on his/her date of the arrival to the states is to admit that H1b visa is an immigrant visa, which is not. Don't push an envelope too hard, it might backfire in the most unusual way.
s not a policy bill, it's a bill about tweaking the existing policy. Giving everyone a priority date based on his/her date of the arrival to the states is to admit that H1b visa is an immigrant visa, which is not. Don't push an envelope too hard, it might backfire in the most unusual way.
agc2005
07-15 09:25 AM
Mailed my little contribution $10.
agc2005
agc2005
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