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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reddymjm
06-10 06:30 AM
cat India ROW
-------------------------
E3 Unavailable Unavailable
E2 1 April 2004 Current
source: http://mumbai.usconsulate.gov/cut_off_dates.html
-------------------------
E3 Unavailable Unavailable
E2 1 April 2004 Current
source: http://mumbai.usconsulate.gov/cut_off_dates.html
mariusp
04-14 07:05 AM
Nope and I just filed for my first exension.
but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
That just sounds ridiculous... what does your driver's license have to do with your H1B extension?
It's true that the length of your H1 extension determines the validity of your DL i.e. if you get an extension until 2010 the DMV will only issue a DL valid till 2010, but the opposite is not true, unless we're living in the Twilight Zone.
but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
That just sounds ridiculous... what does your driver's license have to do with your H1B extension?
It's true that the length of your H1 extension determines the validity of your DL i.e. if you get an extension until 2010 the DMV will only issue a DL valid till 2010, but the opposite is not true, unless we're living in the Twilight Zone.
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485Mbe4001
04-27 02:41 PM
Everytime i renew i have to include a copy of my dirvers license, this year i was asked to provide a color copy. i was told that it is to for background checking, i have no idea why they need it.
Had anybody have to send Driving License for filing extention of h1b?
Had anybody have to send Driving License for filing extention of h1b?
more...
ss1026
03-31 03:52 PM
Rcvd 45 day letter in early feb/2006 and replied same week. Waiting on further movement
VA/PD Feb2005/RIR/EB2
VA/PD Feb2005/RIR/EB2
ItIsNotFunny
03-12 02:30 PM
I do not support this donor ONLY idea.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
OK. I take the blame for this. Pappu didn't increase the goal, I did.
USCIS asked for $5K for information. As per Pappu's investigation, USCIS is currently resolving FOIA filed a year back. In that case even after paying 5K, we may get information after a year. We needed little more money keep our options open as we are determined to get this information from USCIS. This is why we needed more money and I raised the goal. If it can be done by 5K, rest of the money will go to IV lobbying efforts. There is nothing wrong in that.
Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.
We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
OK. I take the blame for this. Pappu didn't increase the goal, I did.
USCIS asked for $5K for information. As per Pappu's investigation, USCIS is currently resolving FOIA filed a year back. In that case even after paying 5K, we may get information after a year. We needed little more money keep our options open as we are determined to get this information from USCIS. This is why we needed more money and I raised the goal. If it can be done by 5K, rest of the money will go to IV lobbying efforts. There is nothing wrong in that.
Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.
We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.
more...
chanduv23
09-13 12:01 PM
Just now contibuted USD 100.00..sorry could not contribute a big amount..under a huge debt now...may be in future..
PayPal Confirmation Number: 06B71369TE645612G
thanks
Thanks for your wonderful gesture
PayPal Confirmation Number: 06B71369TE645612G
thanks
Thanks for your wonderful gesture
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ItIsNotFunny
03-09 07:52 AM
This is becoming like a person who buys lottery regularly. Then every time before the results are going to come out, starts dreaming and then gets disappointed as his number is not drawn.
Stop dreaming! This is not a lottery. Please contribute to FOIA and lets find the real numbers.
Stop dreaming! This is not a lottery. Please contribute to FOIA and lets find the real numbers.
more...
reachag
12-18 03:35 PM
Clarification - i meant Senior Member based on seniority on this Site and not based on age :). This idea has been brain stormed many times in the past and ruled out by many as it is not in our best interests and also not workable. Members who have been visting this site for some time would know and hence the comment about Seniority :)
Agreed, my thoughts on this are different from yours. Good..not every one thinks the same otherwise we would be short of ideas :)
first, I don't know what you mean by "Senior Member like you coming up with this idea". Seniority on this site I think is determined by how long a member has been registered. Second, even if it means older members, what does age have to do with this idea?
I have already said that most IV members (clearly you are one) are opposed to this.
My thoughts happen to be different from yours, and I dont plan on changing my ideas anytime soon.
Of course for this to work there has to be a signficant number of participants, otherwise actually nothing is going to work. And even with significant participation, there are no guarantees: look at how many people called Sen Sessions, but still made no difference.
Last, dont you guys get vacation?? Who is talking abut losing money? If you are paid hourly then dont take part.
and if you dont agree you dont need me to tell you dont be a part of this.
But, as mentioned many, many, many times before, I am for this idea, or something that gets attention in a big way.
Agreed, my thoughts on this are different from yours. Good..not every one thinks the same otherwise we would be short of ideas :)
first, I don't know what you mean by "Senior Member like you coming up with this idea". Seniority on this site I think is determined by how long a member has been registered. Second, even if it means older members, what does age have to do with this idea?
I have already said that most IV members (clearly you are one) are opposed to this.
My thoughts happen to be different from yours, and I dont plan on changing my ideas anytime soon.
Of course for this to work there has to be a signficant number of participants, otherwise actually nothing is going to work. And even with significant participation, there are no guarantees: look at how many people called Sen Sessions, but still made no difference.
Last, dont you guys get vacation?? Who is talking abut losing money? If you are paid hourly then dont take part.
and if you dont agree you dont need me to tell you dont be a part of this.
But, as mentioned many, many, many times before, I am for this idea, or something that gets attention in a big way.
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rajeev_74
04-25 05:27 PM
1) Can somebody explain what the CORE objective of asking the UCSIS/DOL
to change the Priority date from the date of application of Labor to date of filing H1B is?
2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
Ans 2) It should be applied to new AOS applications only.
to change the Priority date from the date of application of Labor to date of filing H1B is?
2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
Ans 2) It should be applied to new AOS applications only.
more...
eb3_nepa
07-05 11:41 AM
Bumping this thread.
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hopefullegalimmigrant
01-07 02:17 PM
Guys
I just checked my status - It is now "Document mailed to applicant"
this can mean many things. I will update all once I see the document
Please keep updating your status in this thread as you see something happen
We've just gotta keep cool. Thanda thanda pani.
I just checked my status - It is now "Document mailed to applicant"
this can mean many things. I will update all once I see the document
Please keep updating your status in this thread as you see something happen
We've just gotta keep cool. Thanda thanda pani.
more...
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smisachu
09-14 01:23 PM
Reporter called me ***. She wants to do a story for the weekend edition and wants to talk to some one in Middlesex county. She spoke to me and she needs two more from Middlesex county, NJ. Any one from middlesex county New Jersey please call her ASAP.
****
She wants to run this story on the weekend edition and she needs contacts ASAP.
==================
DO NOT POST MEDIA LEADS ON THE FORUM PLEASE.
Some information has been deleted form this post.
- Admin
****
She wants to run this story on the weekend edition and she needs contacts ASAP.
==================
DO NOT POST MEDIA LEADS ON THE FORUM PLEASE.
Some information has been deleted form this post.
- Admin
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singhsa3
07-20 12:43 PM
It is still optimistic my freind. As one of our member pointed out, realstic number would be around 600K, which implies 16 months wait for some people. Also , we do not know the level of work force at USCIS engaged in processing EAD. It could be 10, it could be 100. More the better but it we it is fewer than we are doomed.
Additional Comments:
Also, any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight
If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D
Additional Comments:
Also, any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight
If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D
more...
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sparklinks
07-14 01:18 PM
Done
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ss_col
07-06 11:17 AM
Just a thought that there are other anti immigrant groups also visiting our website. We are frustrated and angry but all these comments that we are writing are also read by other people and will be used against us to make things harder. Also the general feeling is that American people dont really care or want to understand about GC. For them especially groups like NumberUSA etc want us out. So please stop feeding ideas into people's head without knowing facts. Assumptions are not facts.
more...
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sbmallik
09-13 02:33 PM
I am not promoted. I believe my case is based on my MS + couple of years exp. All these details are what ever I know. Please seek expert attorney advice. I think attorney knows better based on our situation.
Good news!! Next step is to file I-140 (is your employer filing in premium processing?) and upon approval, interfile with the existing I-485 application to port the priority date.
Good news!! Next step is to file I-140 (is your employer filing in premium processing?) and upon approval, interfile with the existing I-485 application to port the priority date.
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baburob2
03-09 11:19 AM
both amendments J-1 and removal cap for Nurses (India) will pass
hi indio
which cap on Nurse are they talking about. Is it the EB cap or H1B cap?
hi indio
which cap on Nurse are they talking about. Is it the EB cap or H1B cap?
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rameshk75
01-18 08:40 PM
I got the same message on 4th jan and received the AP documents from my employer today..probably it may take 10 days to receive from USCIS through Attorney/Employer..don't worry..you will receive on time...
SDdesi
08-12 01:19 PM
2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...
LOL...such innovative thinking....
LOL...such innovative thinking....
spicy_guy
11-08 08:43 PM
No, this is only the processing time for labor application, the whole process took a lot longer than this. I first submitted my document to the lawyer in the last week of January this year. Lawyer prepared my case, wages approval etc. it took around 1+ month to get preventing wages. then advertisement, recruitment process etc.
almost 8 month to finish all the requirements before the company could actually file the labor application.
I hope this answers your question.
Thanks for the reply. 8 or 10 months. Its still worth it. You did the right thing. Congrats and good luck!
almost 8 month to finish all the requirements before the company could actually file the labor application.
I hope this answers your question.
Thanks for the reply. 8 or 10 months. Its still worth it. You did the right thing. Congrats and good luck!
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