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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learning01
04-25 02:06 PM
offline means talk in private emails, private messages and send conclusions to IV core team for including in thier next goals, once most of present goals are achieved. Thanks. Let's concentrate on the main work here.
I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..
I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...
I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..
I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...
priti8888
07-18 04:04 PM
I am still confused in regards to who whould be eligible for a visa number.
For instance (assumption:all other factors same for both A and B(name check, country etc)
Senario A
EB3
PD 2004
485 receipt date 2005
OR
Senario B
EB3
PD 2003
485 receipt date 2006
So under present circumstances when everything is current, who whould get alloted a visa number first??
For instance (assumption:all other factors same for both A and B(name check, country etc)
Senario A
EB3
PD 2004
485 receipt date 2005
OR
Senario B
EB3
PD 2003
485 receipt date 2006
So under present circumstances when everything is current, who whould get alloted a visa number first??
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QuestGC
01-06 08:30 AM
A small but important correction in the above quote. Indian education is not a gift of the Brits. As a matter of fact history of eduction in India dates back to its cultural heritage. Nalanda university is considered to be the worlds first university. Correct me if I am wrong.
Yes. Nalanda Univerisyt is one of the oldest. If you consider the 80% of education system we follow, they are all gifted by brts.
Ex: English... the way we speak and use the language is like brit.
Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.
Yes. Nalanda Univerisyt is one of the oldest. If you consider the 80% of education system we follow, they are all gifted by brts.
Ex: English... the way we speak and use the language is like brit.
Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.
more...
arnab221
06-20 10:50 AM
My employer is a big wall street investment bank, and they have filed my PERM on May 14th.
The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.
Nothing muck we can do here. Just pray and hope for the best.
PRAYING WILL NOT HELP : God and the US helps those who help themselves . :D
The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.
Nothing muck we can do here. Just pray and hope for the best.
PRAYING WILL NOT HELP : God and the US helps those who help themselves . :D
vadicherla
05-28 02:27 PM
i will contribute 50$ now
contributed 350$ so far
contributed 350$ so far
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Green.Tech
05-28 08:32 PM
Keep 'em coming!
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bobzibub
06-26 07:46 PM
nothing if people leave!! and similarly it gains a little bit if people stay and continue.
which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...
The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.
For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.
which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...
The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.
For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.
more...
cse_us
03-04 02:37 PM
Thanks.
Any one else with recent RFEs/LUDs on their I-485 ? Pl post.
Mine is a NSC-CSC-NSC 485, july 2nd filer, with Apr 2007 EB2 Priority.
I got Hard and soft LUDs on 2/5/09 and 2/10/09 resp.
Hard LUD says, my case is now pending. (before it was 'this case has been transfered ...).
No idea wht the soft LUD means, might be no RFE.
BTW, I used EAD and also filed AC21 thru my lawyer.
Regards.
Any one else with recent RFEs/LUDs on their I-485 ? Pl post.
Mine is a NSC-CSC-NSC 485, july 2nd filer, with Apr 2007 EB2 Priority.
I got Hard and soft LUDs on 2/5/09 and 2/10/09 resp.
Hard LUD says, my case is now pending. (before it was 'this case has been transfered ...).
No idea wht the soft LUD means, might be no RFE.
BTW, I used EAD and also filed AC21 thru my lawyer.
Regards.
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gc_wow
02-23 02:32 PM
I have mailed my 485 on july 16th and NSC recieved it on july 17th.My question is looking at the TSC processing times which says July 18th,is my application already preadjusted,485notice date is september 15th.Can anybody tell me how the processing date really works.
more...
rajuseattle
08-13 04:52 PM
My only hope is somehow either the senate or the house version of employment based lost visa caoture bill gets into law, either FY2009 or FY2010.
If nothing happens to this effects we are royally screwed , until USCIS and DoL changed their interpretation for the spillover VISA numbers falling into EB-3 bucket we had some hope of catching up with some backlog, but now it seems PD will be stuck around 2001/2002.
I dont know why USCIS /DoL allowed the labor substitutions when they knew majority of the times Labor substitute option was abused by Desi consultants to get Green Cards. Thanks god they stopped this malpractice a year ago and now heavily scritinizing the pending LC applications for I-140 else the genuine folks like me who were the victims of DoL BEC and USCIS backlog would have suffered more.
I am also of the opinion similar to IV member "malagcpahije" and this is probably my last post in the IV as I dont see IV is a united organization, thier is a huge split between different factions of the employment based visa applicants and only relief we are going to get is from US policy makers, in this bad economy noone is willing to even talk about pro-immigration bills. Going to Washington DC will not serve any purpose other than watching those world famous museums and white house.
I am really feeling sad for leaving IV, all the best for the folks who still have faith in IV and its core team.
rajuseattle.....
If nothing happens to this effects we are royally screwed , until USCIS and DoL changed their interpretation for the spillover VISA numbers falling into EB-3 bucket we had some hope of catching up with some backlog, but now it seems PD will be stuck around 2001/2002.
I dont know why USCIS /DoL allowed the labor substitutions when they knew majority of the times Labor substitute option was abused by Desi consultants to get Green Cards. Thanks god they stopped this malpractice a year ago and now heavily scritinizing the pending LC applications for I-140 else the genuine folks like me who were the victims of DoL BEC and USCIS backlog would have suffered more.
I am also of the opinion similar to IV member "malagcpahije" and this is probably my last post in the IV as I dont see IV is a united organization, thier is a huge split between different factions of the employment based visa applicants and only relief we are going to get is from US policy makers, in this bad economy noone is willing to even talk about pro-immigration bills. Going to Washington DC will not serve any purpose other than watching those world famous museums and white house.
I am really feeling sad for leaving IV, all the best for the folks who still have faith in IV and its core team.
rajuseattle.....
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Milind123
09-15 10:04 PM
hi! i just contributed $100.00 via paypal transaction id is : 1GE522823P5726434
Thank you dvrao4 for your contribution. I appreciate your help for keeping this drive on. People, just one person left to close this round. Again, if you haven't made a contribution recently please help us give a successful finishing touches to Sept 18th.
Thank you dvrao4 for your contribution. I appreciate your help for keeping this drive on. People, just one person left to close this round. Again, if you haven't made a contribution recently please help us give a successful finishing touches to Sept 18th.
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GCWhru
03-18 08:57 AM
Here is the link to the page where you can calculate your stimulus amount.
apparently, No SSN (even for one) No Stimulus package...
linkhttp://www.irs.gov/app/espc/
apparently, No SSN (even for one) No Stimulus package...
linkhttp://www.irs.gov/app/espc/
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vayumahesh
01-07 11:37 AM
Lot of weird things. Still waiting for 485 approval even after sending interfiling request in mid-November. My attorney has sent an email reminder again 2 weeks back. Even for the I-140 which was approved in November 1st week, online status still says "Initial Review".
Opened a Service Request early this week and received a reply with the status as follows.
Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.
Online/Phone status is still processing .... I have to just wait and see I guess.
Opened a Service Request early this week and received a reply with the status as follows.
Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.
Online/Phone status is still processing .... I have to just wait and see I guess.
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r_mistry
01-12 02:27 PM
Can somebody please provide their experience with SR?
1- When do you get a feedback from USCIS on the SR?
2 - Anybody still waiting for their AP filed at NSC last week of July???
thanks!!!
1- When do you get a feedback from USCIS on the SR?
2 - Anybody still waiting for their AP filed at NSC last week of July???
thanks!!!
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jsb
09-10 02:56 PM
Should we not demand resignation of USCIS Director?
Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.
Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.
more...
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avis
09-01 01:38 PM
Priority date December 2002. EB3. Still waiting and waiting....
End is not yet in sight.
End is not yet in sight.
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Pineapple
07-06 12:57 AM
Excellent... the ball starts rolling.. Nobody knows where it will end up, but we are in for a ride.
Fasten your belts, and always keep your hands inside the carriage.
Fasten your belts, and always keep your hands inside the carriage.
hairstyles world map desktop wallpaper.
fairboy
07-25 01:13 PM
fairboy and friends,
Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.
Thanks for your help.
Here is a bit of background. BEC's have been using a web site named 'America's Job Bank' (AJB) for posting job listings for cases that have not been converted to RIR. Effective 31st July AJB site is being discontinued and a new site named 'America's Job Exchange' (AJE) will become its successor. BECs have already started using this new site. Here is how to check if your job is posted or not:
1. Go to http://www.americasjobexchange.com/seeker/jobsearch/keyword
2. In the keywords field, enter the first few characters of your ETA case number. If your case is in PBEC and has a ETA case number such as P-xxxxx-xxxxx, then you would enter either Pxx* or xxx*. Do not enter any hyphen character and do not forget the '*' character at the end.
3. Choose 'National' radio button and click 'Search Now' button.
4. You will find a bunch of listings under the company name 'Team Exceed'. This is probably the company to which BEC cases have been outsourced for adjudication.
5. Play around with different combinations of letters of your ETA case number. You may also click on 'Team Exceed' link on the results page to see a complete list of jobs posted by BECs.
Have fun
fb
Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.
Thanks for your help.
Here is a bit of background. BEC's have been using a web site named 'America's Job Bank' (AJB) for posting job listings for cases that have not been converted to RIR. Effective 31st July AJB site is being discontinued and a new site named 'America's Job Exchange' (AJE) will become its successor. BECs have already started using this new site. Here is how to check if your job is posted or not:
1. Go to http://www.americasjobexchange.com/seeker/jobsearch/keyword
2. In the keywords field, enter the first few characters of your ETA case number. If your case is in PBEC and has a ETA case number such as P-xxxxx-xxxxx, then you would enter either Pxx* or xxx*. Do not enter any hyphen character and do not forget the '*' character at the end.
3. Choose 'National' radio button and click 'Search Now' button.
4. You will find a bunch of listings under the company name 'Team Exceed'. This is probably the company to which BEC cases have been outsourced for adjudication.
5. Play around with different combinations of letters of your ETA case number. You may also click on 'Team Exceed' link on the results page to see a complete list of jobs posted by BECs.
Have fun
fb
Bharam
03-27 03:05 PM
Still waiting for 45 day letter
kumar1
07-20 02:50 PM
no. of h1b issued in last 4 years 65kX4= 260k
even if you double that (which i m sure is not the case), still it come to 500k.
so ure over estimating it.
thanks
What about L1-A and L1-B? They are a lot too. 192,000-60,000 = L1 number each year.
even if you double that (which i m sure is not the case), still it come to 500k.
so ure over estimating it.
thanks
What about L1-A and L1-B? They are a lot too. 192,000-60,000 = L1 number each year.
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