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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aristotle
07-20 05:05 PM
My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
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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andy garcia
01-03 03:41 PM
I am confused and think about this daily. I am here in US for the past 8+ years and I am 33 now.
I really envy all of you guys who can return to your country. I have been here 8+ years and I am 53. My country does not even give me a passport and in top of that I am stuck in the namecheck black hole.
andy
I really envy all of you guys who can return to your country. I have been here 8+ years and I am 53. My country does not even give me a passport and in top of that I am stuck in the namecheck black hole.
andy
more...
singhsa3
09-11 05:10 PM
See http://immigrationvoice.org/forum/showthread.php?t=15443
desi3933
07-06 12:20 PM
Look at the mistake again
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
It is NOT a mistake. Please read it again.
All numbers available to these categories under the FY-2007 annual numerical limitation have been made available
simple means that
all visa number (for FY-2007) are used up. They were made available to USCIS by DoS.
___________________
Not a legal advice.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
It is NOT a mistake. Please read it again.
All numbers available to these categories under the FY-2007 annual numerical limitation have been made available
simple means that
all visa number (for FY-2007) are used up. They were made available to USCIS by DoS.
___________________
Not a legal advice.
more...
eb3_nepa
07-14 03:34 PM
Sent $21.. 7YB8Z-XTRJT.
Thank you.
Nice. Any particular reason for the 20 + 1? :)
Thank you.
Nice. Any particular reason for the 20 + 1? :)
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crazyghoda
03-02 11:46 AM
... its just an acknowledgement of reality as it stands today.
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
more...
ilikekilo
03-04 03:40 PM
Cases are being pre-adjucated, So there are RFEs and other inquiries...After this, they will wait for visa number in PD Queue....which is a good thing...This assures there will be no wastage this year....
Anycase, it looks like there will be significant forward movement...
My estimate
EB2I will enter 2005 in next 2 bulletins.
EB3I into 2003 in next 2 bulletins.
I admire ur optimism.. :)
Anycase, it looks like there will be significant forward movement...
My estimate
EB2I will enter 2005 in next 2 bulletins.
EB3I into 2003 in next 2 bulletins.
I admire ur optimism.. :)
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akhilmahajan
03-12 10:56 AM
Give the Core team a break. What you think they have nothing else to do?
They have families and above all they have a life. IV is not paying for their family or anything, so they have to work and earn for their livelihood. They do all this in their spare time, and not like you, who always end up criticizing.
Think before you start bashing or belittle anyone;s efforts.
Go I/V GO. TOGETHER WE CAN
They have families and above all they have a life. IV is not paying for their family or anything, so they have to work and earn for their livelihood. They do all this in their spare time, and not like you, who always end up criticizing.
Think before you start bashing or belittle anyone;s efforts.
Go I/V GO. TOGETHER WE CAN
more...
polapragada
09-14 05:36 PM
Looks like some people will need to get their PhD awards 'overturned'!
Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.
e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.
EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.
There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.
Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.
There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
Please read my above post you might get an answer
Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.
e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.
EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.
There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.
Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.
There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
Please read my above post you might get an answer
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gcformeornot
04-27 08:01 AM
FHA guideline.
FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)
FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)
more...
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GC Process
12-04 05:01 PM
Hi Jimi,
I live in O.C as well. Lets connect! Send me an IM with your contact details.
Thks!
I live in O.C as well. Lets connect! Send me an IM with your contact details.
Thks!
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Humhongekamyab
02-18 04:27 PM
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.
No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.
more...
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Macaca
09-14 09:22 AM
Is It Fixed Yet? (http://immigrationvoice.org/forum/showpost.php?p=162079&postcount=1055) NY Times Editorial (editorial@nytimes.com, executive-editor@nytimes.com, managing-editor@nytimes.com), September 9, 2007
Suit Planned Over Visas for the Highly Skilled (http://immigrationvoice.org/forum/showpost.php?p=101240&postcount=620) By JULIA PRESTON (juliapreston@nytimes.com) | New York Times, July 6, 2007
A Floral Protest Over Job-Based Visas (http://immigrationvoice.org/forum/showpost.php?p=106380&postcount=682) By NINA BERNSTEIN (nbernstein@nytimes.com| New York Times, July 11, 2007
Suit Planned Over Visas for the Highly Skilled (http://immigrationvoice.org/forum/showpost.php?p=101240&postcount=620) By JULIA PRESTON (juliapreston@nytimes.com) | New York Times, July 6, 2007
A Floral Protest Over Job-Based Visas (http://immigrationvoice.org/forum/showpost.php?p=106380&postcount=682) By NINA BERNSTEIN (nbernstein@nytimes.com| New York Times, July 11, 2007
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diptam
09-01 06:46 PM
Unless economy is good those creations wont fly through. GC is a bif illusion :)
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more...
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mirage
08-18 02:52 PM
Please don't wait to reach a consenus on the content, take a cue from this letter and modify it to put your own experience..bottomline is to get the word out to Senator Cornyn & Rep. Lofgren. I am sure they will do something if we can get them this info...
Please continue to post your comments on the letter - the sooner we can all agree upon the content, the sooner we can start sending these out.
Also, is there a possibility of having a common meeting (all retrogressed EB3 candidates) with Congresswoman Zoe Lofgren expressing our situation - just a thought.
Please continue to post your comments on the letter - the sooner we can all agree upon the content, the sooner we can start sending these out.
Also, is there a possibility of having a common meeting (all retrogressed EB3 candidates) with Congresswoman Zoe Lofgren expressing our situation - just a thought.
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delhiguy79
08-15 11:10 AM
If its 2001 or 2003 ... ppl like me who r in EB 3 (with PD March 2007) will not get GC for next 4-5 yrs until and unless they spill Eb 1 cases evenly to Eb2 and Eb3...which is next to impossible :eek:
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k2006
06-01 04:46 PM
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
bayarea07
03-17 07:17 PM
Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
la6470
02-25 12:28 AM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Dont worry - another 50 to 60 years and then it will be dust to dust and ashes to ashes. BTW did you visit Grand Canyon or Death Valley?
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Dont worry - another 50 to 60 years and then it will be dust to dust and ashes to ashes. BTW did you visit Grand Canyon or Death Valley?
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