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.
santb1975
07-16 11:19 AM
Even though I am a recurring contributor and I contribute to IV on top of my recurring contributions I had to make a contribution towards this campaign. Keep up the Good Work. See Details below:
**********************************************
Payee Amount Deliver By Confirmation Number Action
Immigration Voice
IV
$ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
Memo: High Five Campaign
**********************************************
Payee Amount Deliver By Confirmation Number Action
Immigration Voice
IV
$ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
Memo: High Five Campaign
ramus
07-06 01:29 PM
Why USCIS suddenly did this press release? Something fishy?
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
smuggymba
08-23 09:22 AM
link from Kate123. Please comment: Looks like this is for Exceptional ability only and not for Advanced Degree
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
more...
skc526
07-18 04:57 PM
Contributed $100 for now through Google checkout. Will be giving more eventually. :)
perm2gc
07-23 03:22 PM
Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.
Concurrent filing was present at that time :D
Concurrent filing was present at that time :D
more...
gk_2000
08-24 02:17 PM
First be clear whats your point and then enlighten us how this supports it
One of my points: "loopholes" are NOT what we are here to fight against. Now, is the rest of your reply relevant?
And anyone who irritates you is a troll. So be it. This troll is there to prevent nonsensical ideas
Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...
Yeap...we are very envious about this. Let it be. I am not going to post anything on this any more and feeding the troll.
Yeah, I was so envious about that designation, that I have to leave it risking by giving 2 months of advance notice(policy of the company to give 2 months notice) and finding an employer who could file my H1 and suffering 1 yr of constant followups with the company to get my pay and PF and so on. And forgot to mention, that if 2 months notice is not given we are asked to sign an agreement to pay back close to 10 grand.
Is this how a multinational executive gets treated who are fortunately qualified for the EB1 category and company projects you as most valuable employee for business development who would be sponsoring you EB1.
All this will feed the anti's and true trolls. Why don't we focus on our objectives?
If the company really feels the need , they may as well recruit someone locally who might be much more qualified without going through all of those hassles. All this is done as part and parcel of exploiting the system and its employees.
Luckily we have a choice whether to stay or not and move on to a different status like H1.
Don't we?
One of my points: "loopholes" are NOT what we are here to fight against. Now, is the rest of your reply relevant?
And anyone who irritates you is a troll. So be it. This troll is there to prevent nonsensical ideas
Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...
Yeap...we are very envious about this. Let it be. I am not going to post anything on this any more and feeding the troll.
Yeah, I was so envious about that designation, that I have to leave it risking by giving 2 months of advance notice(policy of the company to give 2 months notice) and finding an employer who could file my H1 and suffering 1 yr of constant followups with the company to get my pay and PF and so on. And forgot to mention, that if 2 months notice is not given we are asked to sign an agreement to pay back close to 10 grand.
Is this how a multinational executive gets treated who are fortunately qualified for the EB1 category and company projects you as most valuable employee for business development who would be sponsoring you EB1.
All this will feed the anti's and true trolls. Why don't we focus on our objectives?
If the company really feels the need , they may as well recruit someone locally who might be much more qualified without going through all of those hassles. All this is done as part and parcel of exploiting the system and its employees.
Luckily we have a choice whether to stay or not and move on to a different status like H1.
Don't we?
nixstor
03-31 08:52 PM
How insane am I? How insane are u? If it was not the USCIS, u wudn't have put ur foot into this country using ur H1B visa. U r in a foreign land and u want things happen like at the snap of ur finger? U think immigration is the only issue US has. U donno nothing about other issues the Govt is facing. If u dont like the administration...just get out. How in the world can a foreigner think about changing USCIS management process? What rights do u have? U cant even vote and u want to change the management process of a Govt body. U think u r a citizen and have all the rights. Kudos to the US Govt for making us feel at home and letting us talk like this. IV can fight upto some extent by the kind of campaigns they are hosting. But its USCIS' prerogative what they want to do. In the first place IV is fighting for Employment Based GCs. The fight which should actually be fought by Employers and above all ppl like u have the audacity to talk about the irregular management in USCIS and even going to the extent of changing it. And they took the shortest and safest way out? U think they wudn't have gotten away by NOT letting u have ur EAD now? U must be from India where there is lot of corruption. How wud u feel if US citizens came to India and propose a change in the Government. US citizens who are immigrants in India - Did u even think about it? U dont even know how to think properly. I will still say...SHAME ON U.
Are you saying that USCIS bestowed up on every EB based immigrant with H1B visas and did all of us a huge favor? The simple point is there is a need and all of us happened to be the applicants. If there was never a need, none of us would have been here, irrespective of how many applications came in. People immigrate to US because there is more predictability and accountability in all walks of life when compared to other countries. Lately that has been changing for what ever reasons in the US, while other countries are emulating US's past success formula. There is a difference between in thought process of "deserve it" or "will take what ever I am given". Its not the US government that is letting any one talk. The underpinning principles of this country that make people talk. I think people on the forum are asking for some predictability and accountability after years of mishaps. If you feel that you have no rights what so ever thats fine. It appears a bit premature to say and "We have NO RIGHTS WHATSOEVER to ask for ".
Are you saying that USCIS bestowed up on every EB based immigrant with H1B visas and did all of us a huge favor? The simple point is there is a need and all of us happened to be the applicants. If there was never a need, none of us would have been here, irrespective of how many applications came in. People immigrate to US because there is more predictability and accountability in all walks of life when compared to other countries. Lately that has been changing for what ever reasons in the US, while other countries are emulating US's past success formula. There is a difference between in thought process of "deserve it" or "will take what ever I am given". Its not the US government that is letting any one talk. The underpinning principles of this country that make people talk. I think people on the forum are asking for some predictability and accountability after years of mishaps. If you feel that you have no rights what so ever thats fine. It appears a bit premature to say and "We have NO RIGHTS WHATSOEVER to ask for ".
more...
transpass
02-23 01:05 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
But they can approve only based on available visa numbers...:confused:
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
But they can approve only based on available visa numbers...:confused:
sreeanne
03-13 05:30 PM
I filed AP on Jan 4th 2008 and today i saw soft LUD on that and no update status. Seems that some of other members also got soft LUDs on APs today. Dont know what that means? Looks like it take 3-4more months to get AP.
more...
gc_on_demand
04-30 02:58 PM
I can understand if some congressman is agianst it.. but why USCIS doesnot want additional visa..
indio0617
03-09 10:15 AM
Talking about expedited removal for convictions...
more...
kshitijnt
04-30 03:48 PM
One guy asked Aytes are you going to take time for making suggestions, as long as it takes to process a visa? LOL Kick
HRPRO
05-09 02:06 PM
Can someone on EAD start a S-Corp or LLC? IF SO WHICH ONE IS BETTER S-CORP OR LLC? PLEASE ADVISE
You can. LLC is def easier to manage
You can. LLC is def easier to manage
more...
j_bhardwaj@yahoo.com
07-14 02:50 PM
contributed $10 for me and my wife
Munna Bhai
07-06 12:11 PM
The Visa Bulletin for July 2007 must be read in conjunction with the Update of July Visa Availability.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
This is too confusing, it looks like USCIS is going crazy.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
This is too confusing, it looks like USCIS is going crazy.
more...
lakshman.easwaran
07-14 03:47 PM
Scheduled on 07/18/2008
Confirmation Number#: 7YB9Y-DKLN7 (through BofA)
Confirmation Number#: 7YB9Y-DKLN7 (through BofA)
skv
06-28 02:35 PM
I got my certified yesterday 6/27
EB-2, India, Atlanta feb 21'07
All the best !!! Good to know.
EB-2, India, Atlanta feb 21'07
All the best !!! Good to know.
ronhira
07-06 02:04 AM
lahiribaba - you are my hero. this is the best idea yaar :D
Instead of hiring a full time lobbyist why dont we hire a full time manager who will contact IV members and drive funding drives , organize campaigns , send and spam USCIS with emails flowers and faxes and keep it moving. Heck may be we can even offshore and outsource it. Take a look at YourManInIndia (http://www.yourmaninindia.com/) . At 7$ per hour this wont take much. Lets take the help of our brothers and sisters in Inda to get GC .. let them help us while we help them..
~~~~~~~~~~~~~~~~~~~~~~~~~~~
But we're never gonna survive, unless...
We get a little crazy
No we're never gonna survive, unless...
We are a little...
Crazy...crazy...crazy...
~~~~~~~ Seal ~~~~~~~~~~
Instead of hiring a full time lobbyist why dont we hire a full time manager who will contact IV members and drive funding drives , organize campaigns , send and spam USCIS with emails flowers and faxes and keep it moving. Heck may be we can even offshore and outsource it. Take a look at YourManInIndia (http://www.yourmaninindia.com/) . At 7$ per hour this wont take much. Lets take the help of our brothers and sisters in Inda to get GC .. let them help us while we help them..
~~~~~~~~~~~~~~~~~~~~~~~~~~~
But we're never gonna survive, unless...
We get a little crazy
No we're never gonna survive, unless...
We are a little...
Crazy...crazy...crazy...
~~~~~~~ Seal ~~~~~~~~~~
som_yad
12-26 06:37 PM
Filed 486 EAD AP on Aug 16
Received all Receipts in Oct, Received EAD in Nov.
But no AP yet and also when I check online it shows
"Case Status Retrieval Failed
This Receipt Number cannot be found at this time in ..."
Received all Receipts in Oct, Received EAD in Nov.
But no AP yet and also when I check online it shows
"Case Status Retrieval Failed
This Receipt Number cannot be found at this time in ..."
loudobbs
09-10 09:25 AM
meant to say not illegal immigrants....:o:o
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
No comments:
Post a Comment