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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pcs
04-25 01:18 PM
I am for it ( without diluting our present progress).
In fact it is the real date which makes sense & also provides relief to all H1-B new or old. New guys can peacefully change their jobs till their PD becomes current & do not get screwed by employers
In fact it is the real date which makes sense & also provides relief to all H1-B new or old. New guys can peacefully change their jobs till their PD becomes current & do not get screwed by employers
akgind
07-13 06:40 PM
I think it is time to write to Senators and Congressmen about the DREAM Act. Please see the post below that the Act is being re-introduced. It is under the thread "Alert from AILA for Dream Act Support". We should make sure that it is appplied to all children, including documented. As it last stood in CIR, the DREAM Act applied to only undocumented children.
I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
I am planning to send emails to as many senators as possible over the weekend.
________________________________________
Alert from AILA for Dream Act Support
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
I am planning to send emails to as many senators as possible over the weekend.
________________________________________
Alert from AILA for Dream Act Support
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
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Totoro
05-02 09:41 AM
Good job Admin2.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
I am the person who originally compiled the information. I am in the process of appealing the first SSA denial and I am in touch with my local congresswoman about this. If you want to get involved, please let me know. Also, I recommend that everyone contacts his or her congressman/congresswoman even if you are not directly affected. Most legislators are not even aware of how this rule affects people. We need to stop groups like FAIR from pushing through more legislation that discriminates against immigrants.
Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
I am the person who originally compiled the information. I am in the process of appealing the first SSA denial and I am in touch with my local congresswoman about this. If you want to get involved, please let me know. Also, I recommend that everyone contacts his or her congressman/congresswoman even if you are not directly affected. Most legislators are not even aware of how this rule affects people. We need to stop groups like FAIR from pushing through more legislation that discriminates against immigrants.
Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.
more...
vjkypally
07-20 01:51 PM
And what makes all of you think that future applicants will come only from these 4 countries, they could come from Timbuktu fora ll you care and use up their fair share in EB category and you may not have the visas that you hope would be unused visas. Then what?????????
HRPRO
02-23 04:31 PM
Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??
What is LUD
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??
What is LUD
more...
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yabadaba
09-12 12:50 PM
I had written this press release for pappu a few weeks back. dont think it was used. please feel free to use it if u can.
================================================== ======================================
On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.
No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.
This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.
This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. It is time to stand and make our case - We are professionals, we are highly skilled and we deserve a fair immigration process.
So now fellow immigrant, the choice is yours. Whether you adjusted your status 5 years back or yesterday, you know the nightmare you went through. Others who filed their Adjustment of Status in the avalanche of July 2nd can be expected to remain buried in paper for the foreseeable future. The only way the lawmakers in Washington will hear
our voice is if we stand up and present our case to them. We will put a face to the concept of a legal immigrant and not remain a faceless nameless statistic that lawmakers are used to.
Immigration voice has launched the most comprehensive campaign ever to get you there. We will provide buses if you don’t want to drive, air tickets if you will fly and accommodation when you get to Washington DC on September 18th.
All you need to do is log on to http://immigrationvoice.org, register your details and state how you can be there in Washington DC.
Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.
Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.
Join them and be a part of history.
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
================================================== ======================================
On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.
No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.
This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.
This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. It is time to stand and make our case - We are professionals, we are highly skilled and we deserve a fair immigration process.
So now fellow immigrant, the choice is yours. Whether you adjusted your status 5 years back or yesterday, you know the nightmare you went through. Others who filed their Adjustment of Status in the avalanche of July 2nd can be expected to remain buried in paper for the foreseeable future. The only way the lawmakers in Washington will hear
our voice is if we stand up and present our case to them. We will put a face to the concept of a legal immigrant and not remain a faceless nameless statistic that lawmakers are used to.
Immigration voice has launched the most comprehensive campaign ever to get you there. We will provide buses if you don’t want to drive, air tickets if you will fly and accommodation when you get to Washington DC on September 18th.
All you need to do is log on to http://immigrationvoice.org, register your details and state how you can be there in Washington DC.
Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.
Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.
Join them and be a part of history.
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
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anyluck?
12-10 07:27 PM
@TeddyKoochu
You are right. Good my reply getting some more replies :)
You are right. Good my reply getting some more replies :)
more...
vandanaverdia
09-10 01:36 PM
Thanks guys for your contribution. Appreciate it. Would have loved to see you in DC.
Please support IV in the cause....
Come to DC....
Please support IV in the cause....
Come to DC....
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sracharla
09-04 10:59 AM
Hi,
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
more...
texcan
09-12 10:13 PM
I was hoping to get people to start their monthly contribution, but it seems people are more inclined to make one time contribution. So I have added this to the start of the thread.
>>For every $100 one time contribution by first time contributors I will match $25.00. <<
So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.
I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.
Committments in life do make people nervous, but in this case i am surprised
what else will it take.
Come on guys, this is best deal of century. Make some contribution.
Once again, Great going Milind
Hats off to you friend.
>>For every $100 one time contribution by first time contributors I will match $25.00. <<
So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.
I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.
Committments in life do make people nervous, but in this case i am surprised
what else will it take.
Come on guys, this is best deal of century. Make some contribution.
Once again, Great going Milind
Hats off to you friend.
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DSJ
07-06 01:15 PM
Forgot in a hurry, it is updated now
ok this is from Oh's website..pelase always quote source.
ok this is from Oh's website..pelase always quote source.
more...
house quot;Nature Wallpaperquot; by 0000misy
Milind123
09-14 12:13 PM
bump
Thanks Libra for bumping. Please allow me to do it. I think we still need one shot to go.
Thanks Libra for bumping. Please allow me to do it. I think we still need one shot to go.
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singhsa3
07-20 01:05 PM
You are forgetting spouses , EB-1 and in some cases 18+ years children.
Also quota in 2001, 2002 and 2003 was 195K and not 65 K
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
Also quota in 2001, 2002 and 2003 was 195K and not 65 K
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
more...
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rtarar
09-08 08:14 AM
6 years 2 months and counting.
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gsvisu
07-13 05:07 PM
My 2.5 Cents.
We need to start a Letter Campaign next.
A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.
We need to start a Letter Campaign next.
A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.
more...
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manand24
09-01 11:35 AM
10 Years and 13 days to date.
Came to US on F1 Student Visa in August 2000.
Labor filed April 2006 - EB2 India
Came to US on F1 Student Visa in August 2000.
Labor filed April 2006 - EB2 India
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hopefullegalimmigrant
01-04 01:27 PM
helpless situation. Got to stay cool :cool:
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jonty_11
07-06 01:05 PM
He is a excellent lawyer it seems , may be i'll hire him ...
What is his name , is he/she a AILA member ?
Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.
What is his name , is he/she a AILA member ?
Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.
ebizash
07-24 08:05 PM
If somebody is sending this letter, please do not send it without taking care of word-suggested corrections. There are too many green lines, most of the times because of spacing between two words.
OP - My intention is not to offend you but to point out the need for improvement in the document.
OP - My intention is not to offend you but to point out the need for improvement in the document.
JunRN
09-28 09:08 PM
When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.
I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)
More than willing as well...lol! You know what to do, ei and don't give me RFE.....you can interview me but soon after give me GC....
I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)
More than willing as well...lol! You know what to do, ei and don't give me RFE.....you can interview me but soon after give me GC....
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