superdesi2100
09-10 11:25 AM
Thanks for all the efforts. Donated 100$ via paypal. Coming to the rally as well.
chanduv23
07-11 12:22 PM
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
That is right. But one MUST NOT worry about it as long as they have a job in hand with same or similar duties. Things to watch out are
(1) AC21 letter
(2) G28 properly filed
(3) NOID
(4) Denial - happened in some cases and reopened through MTR
Now even if your old employer did not revoke 140 you may get an RFE.
That is right. But one MUST NOT worry about it as long as they have a job in hand with same or similar duties. Things to watch out are
(1) AC21 letter
(2) G28 properly filed
(3) NOID
(4) Denial - happened in some cases and reopened through MTR
Now even if your old employer did not revoke 140 you may get an RFE.
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
pd_recapturing
10-17 10:13 AM
I have got a PM from another IV member whose 485 got denied yesterday because of 140 revocation. He switched the job after 180 days and sent AC21 docs as well. He is willing to share his ordeal with us.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
more...
geesee
08-26 12:23 PM
I have home loan with Standard Chartered. Got the variable interest loan from them in 2004. One thing I liked is I did not have to goto India for the loan processing!
My brother sent related documents here in US and I signed, got few of those notarised and sent them back. It took about a month for the complete process.
They do charge about Rs. 350 for prepayment though. Otherwise overall I am happy with the service they provided.
My brother sent related documents here in US and I signed, got few of those notarised and sent them back. It took about a month for the complete process.
They do charge about Rs. 350 for prepayment though. Otherwise overall I am happy with the service they provided.
julsun
01-04 11:11 AM
Has anybody called the USCIS customer service number regarding AP ?
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
more...
drona
07-12 05:47 PM
Los Angeles
rajuram
12-18 02:09 PM
I have been wanting to post this for the last few days and was happy to read this thread.........can we do something like an Immigrant's Boycott Day or something where we should do a mass boycott all over the country.....we need to coordinate this across the entire country and do a gandhi style protest.....but we need atleast maybe 1000 people per city to do it.....I am not sure how difficult it is to get that many people.....but that seems to be the only way to create an Impact.......WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION........its like when all the mexican farmers stopped working on the strawberry farms.....there were no strawberries in the market....I am in the Detroit, MI area.... we need to come up with a list of big cities where we can get 1000 people per city.
Hit them where it hurts the most.
I do not agree with ideas such as this one. We have to be careful not to attract any negative publicity. It is all about perceptions, lets not add to all the negative attitude towards aliens.
Hit them where it hurts the most.
I do not agree with ideas such as this one. We have to be careful not to attract any negative publicity. It is all about perceptions, lets not add to all the negative attitude towards aliens.
more...
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wandmaker
06-18 08:25 AM
Today's Funding Drive Requirements, We are looking for
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
chanduv23
11-20 10:25 PM
In addition to my above post, one can be on h1b and keep getting h1b extensions and apply for consular processing instead of AOS.
more...
Libra
09-10 03:32 PM
thanks raminmd and miy_maqbool for your contributions.
kittu1991
03-03 07:45 PM
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Even if that is true EB3 row have to be current before EB3 I/C get spillover.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Even if that is true EB3 row have to be current before EB3 I/C get spillover.
more...
santb1975
05-22 03:12 PM
This thread is mostly being bumped without contributions today :confused:
lazycis
11-20 10:26 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
more...
eb3_nepa
07-14 12:52 PM
An added request, if all those who DID contribute/Are contributing. Can you guys please update your signatures with a link back to this thread. (http://immigrationvoice.org/forum/showthread.php?t=20183)
GCSeekerCT
03-04 07:34 PM
I am on H1 and AOS and I refinanced my house at 5% . There were no issues and no questions. Just all the usual documents - W2 , paystubs etc etc . It was with a local bank too and not with any high profile institution.
You mean Fancy, big building institution, I think. There are no high-profile banks left anymore. They lost their integrity in screwing people and are not to be trusted.
You mean Fancy, big building institution, I think. There are no high-profile banks left anymore. They lost their integrity in screwing people and are not to be trusted.
more...
NH123
12-10 09:39 PM
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don�t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
donsimahajan
06-20 05:58 PM
You guys should update the tracker as you get your approvals, remember.
http://www.trackins.com/immigrationtrackers/philadelphia-backlog-tracker/
http://www.trackins.com/immigrationtrackers/philadelphia-backlog-tracker/
Libra
09-10 03:49 PM
thank you sxm101, nosightfgc for contributions.
ImmiLosers
12-23 06:38 PM
I have recently contacted CIS Ombudsman (3-4 Months ago) regarding my I-485 application.
My lawyer is perpetually suggesting it may jeopardize the case.
Is it true? and Why?
My lawyer is perpetually suggesting it may jeopardize the case.
Is it true? and Why?
pitha
07-18 04:11 PM
good to see a junior member stand up and contribute, I hope people like you become an example to all non contributing members. thank you for your contribution.
Started a reccuring monthly payment of $50. I will try to convince all my friends from Twin Cities (Minneapolis- St Paul) area to do the same.
Started a reccuring monthly payment of $50. I will try to convince all my friends from Twin Cities (Minneapolis- St Paul) area to do the same.
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