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.
wallpaper animation love heart, animated
johnnybhai
07-14 01:16 PM
Come on guys, go online to your bank's website and make a ONE-TIME payment to IV. Takes 2 minutes -- rebuilds MANY lives .... including yours.
For details refer the 'Contribute Now' tab and look for Checks.
For details refer the 'Contribute Now' tab and look for Checks.
ita
08-25 08:13 PM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
2011 Love Is My Heaven
McLuvin
12-10 04:16 PM
Nothing new at all in this bulletin....
we have company !!!! - They are Projecting and we use to Predict :)
We need not start threads like... Predict Jan 2010 Bulletin and win 50$... these guys are doing the prediction/projection for us...
I thought we were the only bunch of loosers... :D
BR
we have company !!!! - They are Projecting and we use to Predict :)
We need not start threads like... Predict Jan 2010 Bulletin and win 50$... these guys are doing the prediction/projection for us...
I thought we were the only bunch of loosers... :D
BR
more...
sanju
03-12 11:30 AM
Pappu,
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
Pappu,
Donor forum concept is the only workable model. I request you to not stop this model.
ItIsNotFunny has done very good work to help us all. I would like to double my monthly contribution and contribute on behalf of ItIsNotFunny if that is ok with ItIsNotFunny and you, till the time ItIsNotFunny starts at a new job or till I have a job, whichever is sooner.
Cheers
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
Pappu,
Donor forum concept is the only workable model. I request you to not stop this model.
ItIsNotFunny has done very good work to help us all. I would like to double my monthly contribution and contribute on behalf of ItIsNotFunny if that is ok with ItIsNotFunny and you, till the time ItIsNotFunny starts at a new job or till I have a job, whichever is sooner.
Cheers
Milind123
09-13 07:55 PM
milind123...
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
Thank you vandanaverdia. People who have never contributed please take this chance to contribute. Just need two more people to help me equal my yesterday's personal contribution.
BTW why is the third person the most difficult to get? If my memory serves me correct, it is easy to start a round and also close it. Where are you 'the elusive third'?
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
Thank you vandanaverdia. People who have never contributed please take this chance to contribute. Just need two more people to help me equal my yesterday's personal contribution.
BTW why is the third person the most difficult to get? If my memory serves me correct, it is easy to start a round and also close it. Where are you 'the elusive third'?
more...
plreddy
07-14 02:43 PM
Bank Of America Bill Pay Confirmation Number: 7YB5R-TV1TL for $ 5.00.
2010 love you heart animation.
hourglass
03-06 12:07 PM
could someone take the initiative of organizing conference calls.
Hi pappu (admn)
i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.
Can you write me your contact number and suitable time for this, it will be a telephonic interview.
best
Hi pappu (admn)
i work for an indian media/newspaper here in southern california, and trying to get an interview done for IV, which can be published subsequently, basically aiming our cause and goals and achievements and to create more awareness/publicity campaign about GC logjam.
Can you write me your contact number and suitable time for this, it will be a telephonic interview.
best
more...
drak70
09-13 07:04 PM
contact all major TV channels and newspapers.... (phone /email)
Dear All
The website
http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address
depends on javascript to force you to send only 5 messages at a time.
here is small shortcut:So switch off javascript
on IE go
Tools>Internet Options>Security>Internet>Custom level>Scripting
Close the browser and open it for again for your state.
also the format is like this if you want to send numerically
http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3
the "&mediaid=1" seems to be the repeating unit except for the number
my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size
drak70
Dear All
The website
http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address
depends on javascript to force you to send only 5 messages at a time.
here is small shortcut:So switch off javascript
on IE go
Tools>Internet Options>Security>Internet>Custom level>Scripting
Close the browser and open it for again for your state.
also the format is like this if you want to send numerically
http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3
the "&mediaid=1" seems to be the repeating unit except for the number
my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size
drak70
hair i love you heart animation.
Sakthisagar
08-23 09:21 AM
I wonder why can't this fools have another memo to re-capture visas for EB category. this is absolutely Might is right.. idiots. some useless idiots are there in top of USCIS they might be schools drop outs who does not think and have political support.
Only for re-capture why these **** heads needs legislaltion???
Only for re-capture why these **** heads needs legislaltion???
more...
mrdelhiite
06-21 01:50 PM
I am just hoping we do not mis the July Bus :cool:
Worrying not gona give us anything. Were u worried 3 months back when the PD was 2003 something ... if we are lucky we will get it this time if not we will get the PD next time. Have faith and don’t loose ur sleep over it.
-M
PS: not trying to offend you in any way. I am in same boat as u are my labor was filed on 23rd ... one month after a friend who filed in jan and already has his labor and I140 approved...
Worrying not gona give us anything. Were u worried 3 months back when the PD was 2003 something ... if we are lucky we will get it this time if not we will get the PD next time. Have faith and don’t loose ur sleep over it.
-M
PS: not trying to offend you in any way. I am in same boat as u are my labor was filed on 23rd ... one month after a friend who filed in jan and already has his labor and I140 approved...
hot Screenshots I Love Chris Heart
Jimi_Hendrix
08-09 10:01 AM
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. Legal immigrants pay taxes at higher rates due to their immigration status. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period, legal immigrants cannot change employers and/or job title. Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. The resulting frustration causes many of these immigrants to search work in other countries where immigration laws are favorable to legal immigration and skills are in demand.
Of late due to the education campaign launched by Immigration Voice (a 5,000 member strong group representing highly skilled, legal immigrants); some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must decide now.
Best Regards,
JH
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. Legal immigrants pay taxes at higher rates due to their immigration status. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period, legal immigrants cannot change employers and/or job title. Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. The resulting frustration causes many of these immigrants to search work in other countries where immigration laws are favorable to legal immigration and skills are in demand.
Of late due to the education campaign launched by Immigration Voice (a 5,000 member strong group representing highly skilled, legal immigrants); some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must decide now.
Best Regards,
JH
more...
house heart heart love valentine day
gcgonewild
04-29 04:22 PM
Pappu,
Just called all Senators
The Phone number of last few senators is wrong.
Please change 244 to 224.
Just called all Senators
The Phone number of last few senators is wrong.
Please change 244 to 224.
tattoo hairstyles 1000 heart of me for you only i love you heart animation.
nixstor
07-06 11:20 AM
People are burying these posts as spam.. can we do something to make sure that doesnt happen?
I guess that tells how much public cares about our GC's. We want to spice up the story by adding other issues that can make our situation worse.
The only way we can get 4000 diggs is by having every info lurker digg it and individual comments.
I guess that tells how much public cares about our GC's. We want to spice up the story by adding other issues that can make our situation worse.
The only way we can get 4000 diggs is by having every info lurker digg it and individual comments.
more...
pictures blue love heart background.
saibabu_d
07-18 01:28 AM
You said: "all applications are pre-adjudicated".
What do they complete in pre-adjudication process?
Thanks
What do they complete in pre-adjudication process?
Thanks
dresses Heart Love Fireworks Sparks
Imigrait
03-13 01:07 PM
Document mailed today ! Finally :D
FYI ..... wife's(dependent filer) AP was approved 5 weeks back!
FYI ..... wife's(dependent filer) AP was approved 5 weeks back!
more...
makeup Animated Love Heart
wellwishergc
07-06 10:47 AM
Cool down, nixstor! you made your point! Take a deep breath, relax and post with a rational thought process. You are not helping by continuing to post negatively.
Personally, I think we can utilize this issue for the following:
1) Urging our congressmen/senators to pass some short-term benefits like recapture of visas (Obudsman report indicates that around 180,000 visas were not used in the past years). This is a golden opprountinity for us to urge congressmen/senators to pass a bill to release those unused numbers for getting immediate relief.
2) FBI name-check process needs to be made faster; so additional funding could help. (Obama Bill)
If we leverage this issue on the above and focus all the efforts on the above two points, we will be better off. I hope the core group is already working towards the above two objectives.
Yeah, tell me the same thing when all of us will wait for 6 or 7 years if they dont fix the system and continue to do security check on us. We know that we are NOT bad people. Its difficult to prove that in existing conditions. People are paranoid about every thing right now.
Personally, I think we can utilize this issue for the following:
1) Urging our congressmen/senators to pass some short-term benefits like recapture of visas (Obudsman report indicates that around 180,000 visas were not used in the past years). This is a golden opprountinity for us to urge congressmen/senators to pass a bill to release those unused numbers for getting immediate relief.
2) FBI name-check process needs to be made faster; so additional funding could help. (Obama Bill)
If we leverage this issue on the above and focus all the efforts on the above two points, we will be better off. I hope the core group is already working towards the above two objectives.
Yeah, tell me the same thing when all of us will wait for 6 or 7 years if they dont fix the system and continue to do security check on us. We know that we are NOT bad people. Its difficult to prove that in existing conditions. People are paranoid about every thing right now.
girlfriend Love mends the heart and the
Jaime
09-12 05:15 PM
Bump
hairstyles Heart Love Fireworks Sparks
amitga
07-06 02:28 PM
Guys for sake of transparency and moving ahead with a change, we should hold elections for the core team. Lobbying efforts are not working at all.
People are willing to write a letter or particiapte in a call, let alone spent time in meeting lawmakers and spent time in running IV on a daily basis. Please accumlate few candidates and voters. Let's see if the count of voters even reach beyond few hundreds let alone thousands.
People are willing to write a letter or particiapte in a call, let alone spent time in meeting lawmakers and spent time in running IV on a daily basis. Please accumlate few candidates and voters. Let's see if the count of voters even reach beyond few hundreds let alone thousands.
Macaca
10-01 04:07 PM
If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
rockstart
06-25 08:25 AM
This is what I think America loses due to delay in green card process. I can say this from my own experience. People with advanced degrees in Science and Technology have to keep doing same job to maintain status for 8 - 10 years since changing job / company reset's their GC process. When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business). But the most fortune 100 companies do not sponsor H1B or GC (Example Raytheon, Toyota, Lexmark .... based on my personal experience as electrical engineer) so you end up compromising with career to maintain status and work for companies that sponsor H1B ( future career prospects take a backseat). Then after 8 - 10 years when you get GC you already are married and possibly kids to look after you are already burnt out and want to keep working in the same desk/ clerical job that you have been doing for so many years. So its a lose lose situation to all neither government gains from the GC (by which they hope to make US a more innovative place) nor the immigrants since by then all they can think is a full time job, home and 401K.
No comments:
Post a Comment