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
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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.
jchan
06-11 10:18 AM
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
deba
07-19 11:33 AM
Just contributed $100. Total so far $300. Will coninue to support IV.
suriajay12
03-07 07:24 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.
immigration-law.com also says the same thngs:
"03/07/2009: Wild-Fire Rumor of EB-3 One Year Retrogression for Worldwide Category in April 2009 Visa Bulletin
* The April 2009 Visa Bulletin is likely released shortly. However, there is a wild fire burning towns all over from the rumor that EB-3 visa numbers will be moved backward for one full year for Rest of World category in the April 2009 Visa Bulletin. The sources of the information appear to be credible, but we will have to wait and see. "
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.
immigration-law.com also says the same thngs:
"03/07/2009: Wild-Fire Rumor of EB-3 One Year Retrogression for Worldwide Category in April 2009 Visa Bulletin
* The April 2009 Visa Bulletin is likely released shortly. However, there is a wild fire burning towns all over from the rumor that EB-3 visa numbers will be moved backward for one full year for Rest of World category in the April 2009 Visa Bulletin. The sources of the information appear to be credible, but we will have to wait and see. "
more...
shadowboxer
09-27 09:16 PM
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
Don't talk like a lawyer to her. For all intents and purposes, wait time starts when somebody sets foot in this country with the intention of becoming a permanent resident someday.
Don't talk like a lawyer to her. For all intents and purposes, wait time starts when somebody sets foot in this country with the intention of becoming a permanent resident someday.
lonedesi
08-13 02:12 PM
lonedesi,
Any word this ?
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
Any word this ?
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
more...
PrayForEveryone
07-23 03:57 PM
I know 3 friends of mine who got an email for USCIS rearding the GC approval. They all had priority dates around April-June 2004 EB3 India. These are the lucky ones who got labor cleared in 2-3 months (just prior to BEC/PERM) and had filed 485/140 concurrently.
chanduv23
05-15 10:16 PM
Maybe someone that has had to go through this can respond.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
Depends on ur employer. Usually after AC21 - it is obvious that there is no fee involved and many companies hire you after ac21 because they do need to deal with stuff like this.
Your employer ONLY needs to give a letter as per the AC21 rule and thats it.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
Depends on ur employer. Usually after AC21 - it is obvious that there is no fee involved and many companies hire you after ac21 because they do need to deal with stuff like this.
Your employer ONLY needs to give a letter as per the AC21 rule and thats it.
more...
diptam
08-11 11:53 PM
Agree with you 100% - But Once you start a thread with assertive words peoples start relying on you.... I also posted lots of conversations between myself and USCIS but i was never assertive.
Anyway - this argument will go on forever.
Can we request SriKondoJi/likes not to post anything with strong Affirmative words unless they have some kind of confirmations beyond the general Public's assumption ??
Thanks
Hello,
I think this is high time for us to control our emotions and live with realities. Often times, the customer service representatives don't have up-to-date information of USCIS's policies, decisions, and announcements, and we should not take their response as granted. For example, If you call a service center 5 times a day and ask a same question, you will get five different answers. In fact, Srikondoji mentioned what he had heard from NSC customer service staff. So, we can blame neither Srikondoji, nor customer service staff, but only USCIS.:)
Regards,
IK
Anyway - this argument will go on forever.
Can we request SriKondoJi/likes not to post anything with strong Affirmative words unless they have some kind of confirmations beyond the general Public's assumption ??
Thanks
Hello,
I think this is high time for us to control our emotions and live with realities. Often times, the customer service representatives don't have up-to-date information of USCIS's policies, decisions, and announcements, and we should not take their response as granted. For example, If you call a service center 5 times a day and ask a same question, you will get five different answers. In fact, Srikondoji mentioned what he had heard from NSC customer service staff. So, we can blame neither Srikondoji, nor customer service staff, but only USCIS.:)
Regards,
IK
pappu
08-12 11:40 AM
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
I wish the Democrats lose big time and lose their hold from Senate and house.
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
more...
ind_game
05-13 10:51 PM
� I-140 filed 05/04/2007
� I-140 approved 09/04/2007.
� I-485 filed on 07/02/2007.
� Changed jobs on 07/14//2008 (after 1 year of pending I-485)
� Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
� got I-485 denial notice on 02/18/2009
� filed MTR on 02/27/2009
� MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
� filed second MTR on 04/23/2009
� soft LUDs on the second MTR on 04/27/2009 and 04/28/2009
� I-140 approved 09/04/2007.
� I-485 filed on 07/02/2007.
� Changed jobs on 07/14//2008 (after 1 year of pending I-485)
� Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
� got I-485 denial notice on 02/18/2009
� filed MTR on 02/27/2009
� MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
� filed second MTR on 04/23/2009
� soft LUDs on the second MTR on 04/27/2009 and 04/28/2009
vdlrao
06-10 12:48 PM
It is simple. If the number of pending EB2 Apps before April 1st 2004 (India and China combined) is less than the number of spill over visa numbers, then there will be some forward movement in EB2 next month. If not, the dates will remain the same or may even retrogress.
what I am trying to say is USCIS works effectively for EB2 category as because they dont have much work in other EB categories.
what I am trying to say is USCIS works effectively for EB2 category as because they dont have much work in other EB categories.
more...
reddymjm
07-14 10:24 PM
I feel IV actions are hurting EB3-I more than any one. It just my feeling. I contribited close to $500 and my time.
GCNaseeb
09-13 04:19 PM
$100 Sent thru Paypal. (ID #9U1869976C484994N)
Go IV Go.
Go IV Go.
more...
my2cents
04-30 04:51 PM
look here at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
kshitijnt
04-30 01:53 PM
04/30/2008: Petitions & Applications Pending as of March 31, 2008 - USCIS
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
They need 10 months to process 146K I-140s but just 3 months for 765s. Ridiculous people.
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
They need 10 months to process 146K I-140s but just 3 months for 765s. Ridiculous people.
more...
sunny1000
09-30 04:16 PM
USCIS can process recaptured numbers. If 200k numbers are in one year USCIS will plan for 200k numbers in that year.In 2000 they processed more applications after a immigration reform. One way of preventing wastage is plan to process all the applications in 11 months. If any unused numbers can be processed in that one month.
I would like to have whatever you are smoking when you type these things. Seriously man...give us a break, will ya? Is there a point system by which people get GCs if they play the devil's advocate? I would like to sign up for that.
The Ombudsman's report clearly stated how USCIS wasted all these visa #s due to their ineffieciency, very well knowing that these #s cannot be re-used the following year. Why don't you send your below mentioned valuable advice to USCIS and see if you can make them do the right thing instead of "educating" us("One way of preventing wastage is plan to process all the applications in 11 months")
I would like to have whatever you are smoking when you type these things. Seriously man...give us a break, will ya? Is there a point system by which people get GCs if they play the devil's advocate? I would like to sign up for that.
The Ombudsman's report clearly stated how USCIS wasted all these visa #s due to their ineffieciency, very well knowing that these #s cannot be re-used the following year. Why don't you send your below mentioned valuable advice to USCIS and see if you can make them do the right thing instead of "educating" us("One way of preventing wastage is plan to process all the applications in 11 months")
reddog
03-12 03:09 PM
reddog, please explain how you have supported IV in the past in non-monetary ways. For lobbying, there is not much you can do other than support monetarily,or make trips to DC yourself.
I am sure IV core will at least consider such non-monetary support on case-by-case basis.
no, i am not going to switch to defensive mode. this is not about me.
I am sure IV core will at least consider such non-monetary support on case-by-case basis.
no, i am not going to switch to defensive mode. this is not about me.
ramus
09-09 01:06 PM
Thanks....
Contributed $300 for rally. Go IV!
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Contributed $300 for rally. Go IV!
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
WeldonSprings
05-02 04:17 PM
Just responding to my quote- This question was also raised by Honorable House Democrat from Illinois Mr. Guterriez.I know everyone has looked at the Visa Bulletin. Here is a quote from it-
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???
ksrk
09-10 12:04 PM
They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..
While I can't speak for all cases out there, I can speak for myself and a few of my friends...Master's degree from US universities - CHECK, green card - NOT YET! (the wait continues).
While I can't speak for all cases out there, I can speak for myself and a few of my friends...Master's degree from US universities - CHECK, green card - NOT YET! (the wait continues).
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