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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mrjonie
01-04 09:32 AM
yes, try calling the 1800 number and go to the address change, there you will be able to talk to the IO and they will ask you what issue you have (they will not ask for address change)..you can explain your scenario to him/her.
they will collect your information and send a request to the corresponding SC to process faster...
they will collect your information and send a request to the corresponding SC to process faster...
user1205
09-10 11:24 AM
Sent 5 minutes ago (google #904443494726037). I'll be calling people to ask for support in the next couple of days and hopefully we'll get closer to the 30k.
Go IV, so sorry I can't make it to DC.
Go IV, so sorry I can't make it to DC.
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tinamatthew
07-21 04:20 PM
Are there any Schedule A professionals who are filing this July?
Any ideas/news you can share?
Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.
Any input will be greatly appreciated.
Thank you
Any ideas/news you can share?
Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.
Any input will be greatly appreciated.
Thank you
more...
qualified_trash
01-03 04:28 PM
Sure, I dont think there is any one correct answer for this dilemma. Most of us are going to base our decisions on our personal circumstances and hope that they turn out correct in the long run :)
you hit the nail on the head......... :-)
you hit the nail on the head......... :-)
indio0617
03-08 01:28 PM
Senator Cornyn supports Kyl amendment for barrier only at a few places and not across the entire border
I can hear it too now. The debate is about illegal aliens and about building fences and border security...
I can hear it too now. The debate is about illegal aliens and about building fences and border security...
more...
ramus
07-18 02:32 PM
Thank you so much.. Lets show core members how much we appreciate their work...
By contributing we are helping ourself and getting ready for our next big fight.... This thread is still just 2 pages. I remember update thread gone to 100 pages in an hour..
Hello
I have made my first contribution of $100
Google:867468246130567
Thanks
Greater Richmond
By contributing we are helping ourself and getting ready for our next big fight.... This thread is still just 2 pages. I remember update thread gone to 100 pages in an hour..
Hello
I have made my first contribution of $100
Google:867468246130567
Thanks
Greater Richmond
2010 and Anna Mouglalis – New
ragz4u
03-08 10:28 AM
This is the right link. It is very clear today. Interesting discussion.
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
more...
ilikekilo
03-11 08:19 AM
Iam not jumping on the bandwagon but my wife and I are contemplating about opening a (indian) restaurant and I would like to know if we can open one on H1b/EAD status? I know I could consult an attorney but we are not gonna open it right away so wanted to get some insight from experts on this.
If we cant open on our own due to technicalities can we open it in someones name who has a GC or citizenship (my sister and her family recently got citizenship) and work in that resturant as employees, atleast my wife if not me.?
situation:
PD: dec 2004, EB3
EAD : received oct 2007
485 applied , june 2007
wife on h1b and EAD eligible thru' me
Anyone pleasE?
If we cant open on our own due to technicalities can we open it in someones name who has a GC or citizenship (my sister and her family recently got citizenship) and work in that resturant as employees, atleast my wife if not me.?
situation:
PD: dec 2004, EB3
EAD : received oct 2007
485 applied , june 2007
wife on h1b and EAD eligible thru' me
Anyone pleasE?
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jhokimi
05-23 03:12 PM
LCA filed in DC on 04/28/2004. 45-day letter received last Friday from Philadelphia BC.
more...
Raju
07-06 01:35 PM
66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?
I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
In an effort to juggle all these issues, they screwed it all up.
Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.
There are about 18K CP cases.
I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
In an effort to juggle all these issues, they screwed it all up.
Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.
There are about 18K CP cases.
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EternityInLimbo
05-04 01:50 PM
He's been an advocate on backlog issues, and his staff had helped look into my case last year. I used his web site to send him an email (for VA residents only), slightly modifying the phone script to thank him, since I finally got my green card in November. Will post response when I receive it.
more...
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samrat_bhargava_vihari
02-13 04:20 PM
It is an Emotional Achievement to me and free from lot of worries with boosted Energy.
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Milind123
09-12 11:16 AM
Thankyou satyachowdary and sameold.
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. satyachowdary and sameold please consider monthly contributions.
Here are my details
Order Details - Sep 12, 2007 11:34 AM EDT
Google Order #365470411117583
All, please remember my intention is to motivate the people who never contributed and who start
a $50 monthly contribution at least for six months. Also don't forget to PM me when you
start your monthly contibution.
Anyway good start. satyachowdary and sameold please consider monthly contributions.
Here are my details
Order Details - Sep 12, 2007 11:34 AM EDT
Google Order #365470411117583
more...
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indio0617
03-09 10:48 AM
Amendment - To Eliminate Retroactive act laws which is harsh and unjust.
dresses Anna Mouglalis for L#39;Officiel
kate123
08-23 08:21 AM
Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?
This line is not good:
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
This line is not good:
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
more...
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ragz4u
03-09 08:17 AM
Still dealing with illegal.
Senator Kennedy raised the issue that we should conduct a study for fences along the border instead of beating around the bush for amendments on fences
Senator Specter wants to deal with (in his definition 'controversial') topic of illegal aliens path to citizenship at 11.00 am
Updates will follow
Senator Kennedy raised the issue that we should conduct a study for fences along the border instead of beating around the bush for amendments on fences
Senator Specter wants to deal with (in his definition 'controversial') topic of illegal aliens path to citizenship at 11.00 am
Updates will follow
girlfriend Anna
javaconsultant
03-27 11:51 AM
guys, please post your action about Monday so we atleast have an approx no.of faxes going out to Ms.Chao
We have the address but does anyone has the fax number?
I would say all of us who ever wants to fax & mail letters to every authority. lets do it on April 3rd.
Remember it is April 3rd and this has to be coordinated to all forums mainly to Dallas BEC and PBEC and same subject has to be used in all the fax's & Mail.
DOES ANYONE GIVE ME THE FAX NUMBER?
Please cut and post below into all forums with fax number you visit this way it will be coordinated.
--------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)
April 3rd and APRIL 4th
Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.
Subject: Delay in Foreign Labor Certification application approval process at BECs
DOL Contacts
Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000
Mr. Paul T. Conway
Chief of Staff
(202) 693-6007
Mr. Steven J. Law
Deputy Secretary
(202) 693-6000
Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100
Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003
Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000
Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
Below is the sample draft:
-------------------------
Dear Sir / Madam,
Sub: Delay in Foreign Labor Certification Application approval process at BECs
I would like to bring it to your attention the delays in LCA approval process at the two BECs, most notably the Philadelphia. I have been waiting for almost 2 years since the commencement of two BECs and have not recieved our apporvals.
Me and my family are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.
I would be highly obliged if you look into this matter as soon as possible.
Sincerely,
your name
City, State, Zipcode
__________________
Case Status:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
EB 1/2/3
We have the address but does anyone has the fax number?
I would say all of us who ever wants to fax & mail letters to every authority. lets do it on April 3rd.
Remember it is April 3rd and this has to be coordinated to all forums mainly to Dallas BEC and PBEC and same subject has to be used in all the fax's & Mail.
DOES ANYONE GIVE ME THE FAX NUMBER?
Please cut and post below into all forums with fax number you visit this way it will be coordinated.
--------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)
April 3rd and APRIL 4th
Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.
Subject: Delay in Foreign Labor Certification application approval process at BECs
DOL Contacts
Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000
Mr. Paul T. Conway
Chief of Staff
(202) 693-6007
Mr. Steven J. Law
Deputy Secretary
(202) 693-6000
Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100
Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003
Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000
Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
Below is the sample draft:
-------------------------
Dear Sir / Madam,
Sub: Delay in Foreign Labor Certification Application approval process at BECs
I would like to bring it to your attention the delays in LCA approval process at the two BECs, most notably the Philadelphia. I have been waiting for almost 2 years since the commencement of two BECs and have not recieved our apporvals.
Me and my family are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.
I would be highly obliged if you look into this matter as soon as possible.
Sincerely,
your name
City, State, Zipcode
__________________
Case Status:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
EB 1/2/3
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ars01
03-12 04:50 PM
This is unbelievable!
Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
grimreaper
12-08 07:52 AM
My Wife's H1B is expiring in 30 days. We had filed for extension 15 days back and are waiting under regular processing. I contacted local DMV employee( whom I know personally) and he contacted their legal dept in Sacramento to see if we can extend DL based on extension recipt and the answer has come back that we cannot!
Anyone recently extended their DL based on extension notice in CA? If so which DMV is advisable in the bay area? Thanks
Anyone recently extended their DL based on extension notice in CA? If so which DMV is advisable in the bay area? Thanks
eb3_nepa
07-05 02:28 PM
Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.
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