gccovet
10-20 12:03 PM
The thread needs to float on top
^^BUMP^^
^^BUMP^^
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eb3retro
09-11 04:28 PM
count me in too
kalinga_sena
09-01 11:10 AM
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
Survived 2 recessions
No hope as labour filled in eb3
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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
more...
nomorelogins
10-01 11:55 AM
Is there any reason why they find it difficult to process the available visa# for EB categories, but are able to process much more and then some for FB?
Is it because EB processing is more difficult?
Atleast they would not be able to use the "not enough funds" trump card for the next few years, with all the jul/aug filing.
Is it because EB processing is more difficult?
Atleast they would not be able to use the "not enough funds" trump card for the next few years, with all the jul/aug filing.
glus
07-05 12:44 PM
I JUST FAXED DC OFFICES OF THE FOLLOWING SENATORS WITH MY PERSONAL LETTER:
CLINTON FAX: 202-228-0282
CANTWELL FAX: 202-228-0514
SCHUMER FAX: 202-228-3027
KENNEDY FAX: 202-224-2417
CORNYN FAX: 202-228-2856
I will call their offices later and talk about the issue.
CLINTON FAX: 202-228-0282
CANTWELL FAX: 202-228-0514
SCHUMER FAX: 202-228-3027
KENNEDY FAX: 202-224-2417
CORNYN FAX: 202-228-2856
I will call their offices later and talk about the issue.
more...
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.
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vin13
03-08 10:48 PM
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.
It is weird that Shusterman had information about ROW EB-3 retrogressing by 1 year. Why did he not say anything about EB-2?
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.
It is weird that Shusterman had information about ROW EB-3 retrogressing by 1 year. Why did he not say anything about EB-2?
more...
desi485
11-14 04:01 PM
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
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pappu
10-02 07:37 PM
IV was able to get an op-ed published today
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
by Pankaj Kakkar.
We have an opportunity to get more op-eds published. If other members would like to write op-eds they can submit on this forum and PM me their contact details.
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
by Pankaj Kakkar.
We have an opportunity to get more op-eds published. If other members would like to write op-eds they can submit on this forum and PM me their contact details.
more...
zinchak
09-11 09:06 PM
I have also posted about this drive on boards.immigration.com
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sunofeast_gc
07-23 06:15 PM
Guys, We just got the magic e-mail.!!
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Congratulation.
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Congratulation.
more...
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Totoro
05-02 01:41 PM
it is shame on IRS!! listen, everyone is paying tax. if we are able to file tax as couple with itin for the spouse, why are they not using the same approach for the stimulus package. Do they not aware of this section of h1b visa holders who are paying taxes and are not benefited. folks, some of you are in h1b and got your ead and ssn for your sponse are better off, there are folks who are still on h1b and spouse on h4 filed with itin is not eligible because i am not within in the <70k limit. this is ridiculus and shame for everyone who came up with the great idea of stimulating the economy and share our tax money to others and not with this disadvantage section of the people. it is absolutely shame for IRS or whoever came up with the super idea of not considering the folks who filed with ITIN. IRS listen, if anyone who is citizen, illegal or legal, if they pay tax, they are entitled to get this stimulus package.. it is really a shame on you whoever not recognized this affected section of people.
It is not the IRS's fault. They are just following the law. The IRS people are not very happy about this law either. It just makes their job that much more complicated.
One person you can thank for this is Lou Dobbs, who went off parroting the comments of FAIR.
http://firstfriday.wordpress.com/2008/01/30/congressional-republicans-to-lou-dobbs-youre-wrong-jerk-ok-we-added-the-jerk-bit/
It makes you wonder who is pulling the strings in Washington.
Again, if anyone is willing to share his or her story with the press, please contact me.
It is not the IRS's fault. They are just following the law. The IRS people are not very happy about this law either. It just makes their job that much more complicated.
One person you can thank for this is Lou Dobbs, who went off parroting the comments of FAIR.
http://firstfriday.wordpress.com/2008/01/30/congressional-republicans-to-lou-dobbs-youre-wrong-jerk-ok-we-added-the-jerk-bit/
It makes you wonder who is pulling the strings in Washington.
Again, if anyone is willing to share his or her story with the press, please contact me.
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axp817
05-15 08:26 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?
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?
more...
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bhatt
09-10 12:19 PM
One thing for sure USCIS do likes April fools day a lot as this the date they usually pick when the retrogress. This proves that a fool named DOS in love with April fools day.:)
USCIS and DOS love to pick APRIL FOOLS DAY as cut off date especially for India :) is it coincident or !:eek:
Are they telling that we have FOOLED you, immigrants again and again.
USCIS and DOS love to pick APRIL FOOLS DAY as cut off date especially for India :) is it coincident or !:eek:
Are they telling that we have FOOLED you, immigrants again and again.
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rongha_2000
04-30 03:21 PM
Only 95000 GCs? I thought the recap number is somewhere in the 200K range. Or is this family based GC for which 95K will be available?
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
more...
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karthiknv143
08-13 04:44 PM
Rcvd Receipt Notice from my Attorney.
Filed: July 2nd
PD: Jan 2006
I-140 Apporved: Nov 2006
Receipt Date: 8/10/2007 (Attorney on Received 8/13 Today)
NSC or TSC ? what time it reached :) Who signed for u?
Filed: July 2nd
PD: Jan 2006
I-140 Apporved: Nov 2006
Receipt Date: 8/10/2007 (Attorney on Received 8/13 Today)
NSC or TSC ? what time it reached :) Who signed for u?
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h1techSlave
10-01 01:42 PM
IV is looking in the right direction in the long term.
IV, sure is looking at a long term solution. I did not criticize that strategy. IV should continue to work for a permanent fix.
Currently for IV, this long term fix is the #1 priority. I was suggesting that IV should make the long term fix a #2 priority. And make #1 priority as improving efficiency at USCIS.
IV, sure is looking at a long term solution. I did not criticize that strategy. IV should continue to work for a permanent fix.
Currently for IV, this long term fix is the #1 priority. I was suggesting that IV should make the long term fix a #2 priority. And make #1 priority as improving efficiency at USCIS.
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santb1975
05-24 01:44 PM
:confused:
Humhongekamyab
03-05 12:49 PM
My case does not have a LUD.
Same here my friend.
Same here my friend.
addsf345
11-17 02:23 PM
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
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