lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
wallpaper Unexpected collab: TOMS X The
sagis99
08-08 11:06 AM
Lets all try to send this letter. I'm working with my HR to get this 7001 out - As Pappu said there should not be any reason why HR wont sign that form.
What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.
This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.
It's always nice to get some kind response like this. thanks.
What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.
This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.
It's always nice to get some kind response like this. thanks.
senthil1
08-13 09:55 PM
The following are the reason for Eb3 situation.
Anyone who have 3 year or 4 year degree can apply. So Other country also there is a demand. So it is nearly impossible to get other country quota. For a few thousand green cards atleast 100k persons might have applied till 2008 in EB3. So there is not much chance for improvement. It may move a few months to 2 years in 2009.If some bill is passed then most persons will get relief. But still some chances for recapture bill in house. But the reaction at Senate to be seen. Next year they may give a best attempt for CIR so that Congressmen will get a chance to do overtime also for hot news in Media. As usual CIR is unpredictable at best.
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
Anyone who have 3 year or 4 year degree can apply. So Other country also there is a demand. So it is nearly impossible to get other country quota. For a few thousand green cards atleast 100k persons might have applied till 2008 in EB3. So there is not much chance for improvement. It may move a few months to 2 years in 2009.If some bill is passed then most persons will get relief. But still some chances for recapture bill in house. But the reaction at Senate to be seen. Next year they may give a best attempt for CIR so that Congressmen will get a chance to do overtime also for hot news in Media. As usual CIR is unpredictable at best.
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
2011 Tom Ford#39;s Sexy Spring Shades
singhsa3
07-21 01:55 PM
Look at this post. The thoughts are compelling. Is this something that we should get some clarifications on?
http://immigrationvoice.org/forum/showthread.php?t=10859
It is certainly a good deal that we are able to file for 485 and we can enjoy the benefits of EAD/AP.
Mark my words...when apply to renew your EAD and you are not sure if spouse can work when one EAD has expired and the other is in the process of being approved you will realize what we are trying to say...after you keep applying to renew AP/EAD 3-4...one beings to wonder if it was all worth it.
In short, after we file our 485/EAD/APs we should work with IV and try to lobby for better laws...we should not be complacent and think our work is done, we crossed a small hurdle thats all.
http://immigrationvoice.org/forum/showthread.php?t=10859
It is certainly a good deal that we are able to file for 485 and we can enjoy the benefits of EAD/AP.
Mark my words...when apply to renew your EAD and you are not sure if spouse can work when one EAD has expired and the other is in the process of being approved you will realize what we are trying to say...after you keep applying to renew AP/EAD 3-4...one beings to wonder if it was all worth it.
In short, after we file our 485/EAD/APs we should work with IV and try to lobby for better laws...we should not be complacent and think our work is done, we crossed a small hurdle thats all.
more...
black_logs
03-09 02:38 PM
EB3_NEPA, I'm pretty sure that's how it works. They first use the regular EB3 numbers available.
Black_logs are you ABSOLUTELY sure that they eat into the EB3 numbers? On the Visa Bulletin, they have a seperate entry below the EB3. Just curious if we are getting this Schedule A thing correctly
Black_logs are you ABSOLUTELY sure that they eat into the EB3 numbers? On the Visa Bulletin, they have a seperate entry below the EB3. Just curious if we are getting this Schedule A thing correctly
bestofall
07-15 11:28 AM
when the high five drive reaches 2000 $
I pledge one High ($5) FiVe
Any one else wants join with me to pledge Just 5$ at 2000 $
Bestofall
EB2-2005 India
Jul 2 485 Applied
I pledge one High ($5) FiVe
Any one else wants join with me to pledge Just 5$ at 2000 $
Bestofall
EB2-2005 India
Jul 2 485 Applied
more...
singhsa3
09-11 04:57 PM
In the past I have led delegations to Washington DC and held several meetings at my state chapter. It is time for new blood to step forward and take the reign of community leadership. Can someone please step to own this? I will support that person in every possible way.
2010 Looking down the row of
eb3_nepa
07-05 01:17 PM
Finally spoke to my congressman's Immigration contact in Bucks County PA.
He sounded supportive and said he will investigate the matter. I am going to call my state senators Sen Specter and Sen Casey's office as well.
People in PA, unite and call these lawmakers.
He sounded supportive and said he will investigate the matter. I am going to call my state senators Sen Specter and Sen Casey's office as well.
People in PA, unite and call these lawmakers.
more...
gc_dedo
04-30 03:41 PM
this sucks.
they dont know the difference between gc visas and h1 visas.
hes talking about employer trying to get visas to people to come and work.
no hope
they dont know the difference between gc visas and h1 visas.
hes talking about employer trying to get visas to people to come and work.
no hope
hair 9 The Row Market Street
tinamatthew
07-20 12:37 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
more...
Mouns
04-30 02:28 PM
The link got working again, but nothing is happening as of yet.
Nothing works for me. No visual / No audio. Nothing... :mad:
Nothing works for me. No visual / No audio. Nothing... :mad:
hot Row for the Cure Embraces
champu
02-13 09:22 PM
i am going to marry my sister's daughter.. Sweet girl
All the girls are not like that. ;)
anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..
Isn't it incest
All the girls are not like that. ;)
anyway my comments are about the crazy, career oriented, tradition less girls. And most of teh US girls are like that. Ofcourse not 100%, there may be few jewels..
Isn't it incest
more...
house On the top row
villamonte6100
04-01 02:38 PM
Guys don’t presume you don’t have rights for this and that. late in spring of 2005 I had a meeting with my state’s senator and he took all my details and wrote to Backlog Center in Philadelphia. After 2 months his office called me and send me the correspondence they got from BEC. They had description about my file etc. my labor was cleared in a month after that. Apparently BECs informed his office about the approval too, and to my surprize they called me up again and told me the news. They are public office they are answerable to us, we need to ask…
I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.
You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.
Even with GC your rights are still not as good as a US citizen.
Yes we do have rights.
But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.
I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.
You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.
Even with GC your rights are still not as good as a US citizen.
Yes we do have rights.
But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.
tattoo the row cover: weeding!
hariswaminathan
07-14 01:32 PM
sent $10.00 instead of $5 to make up for someone that doesn't.:)
Used Bank Bill Pay Conf : 119124506
Used Bank Bill Pay Conf : 119124506
more...
pictures with Tom#39;s shoes to create
santb1975
06-17 03:14 PM
Wandmaker and Green.Tech - Thankyou for your leadership towards this funding drive
dresses + The Olsens and The Row Team
audelinom
02-23 11:26 PM
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.
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.
more...
makeup the row with another opponent,
alterego
09-11 11:54 PM
Dear XXXX,
The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.
The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.
girlfriend At the
vparam
09-18 09:41 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
hairstyles at The Row today,
xyzgc
09-06 01:50 PM
** what type of action are you talking about. Who has the money to hire another lawyer to fight against these people. The only action one could have taken is to leave the company. But as a matter of fact all the desi companies are the same.
If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.
I don't think these arguments about smartness vs luck are going to help anyone.
If EB3-I folks feel that they are stuck too long and getting green is a very high priority item, they would want to move/port to EB2. A lot of people have EB2 portability with the approved 140 and all but many have chose not to go this route for various reasons.
Is that being smart or stupid?
Some people feel they don't want to change their jobs and set their careers back. Others are just plain inertial. Still others feel its risky jumping through all the hoops all over again.
I think if you are just being inertial you are being more stupid than smart but other than that its a matter of choice.
The visa retrogression relief will happen when it happens. IV's organized efforts can't be blamed.
If we don't fight, we will not even have a fighting chance.You join IV's organized effort but don't just stop doing your own thing. As pointed out by others, individual decisions are also important and will probably make more difference to you as an individual than the collective community.
If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.
I don't think these arguments about smartness vs luck are going to help anyone.
If EB3-I folks feel that they are stuck too long and getting green is a very high priority item, they would want to move/port to EB2. A lot of people have EB2 portability with the approved 140 and all but many have chose not to go this route for various reasons.
Is that being smart or stupid?
Some people feel they don't want to change their jobs and set their careers back. Others are just plain inertial. Still others feel its risky jumping through all the hoops all over again.
I think if you are just being inertial you are being more stupid than smart but other than that its a matter of choice.
The visa retrogression relief will happen when it happens. IV's organized efforts can't be blamed.
If we don't fight, we will not even have a fighting chance.You join IV's organized effort but don't just stop doing your own thing. As pointed out by others, individual decisions are also important and will probably make more difference to you as an individual than the collective community.
pappu
09-13 04:42 PM
http://www.andhraheadlines.com/World/BrowseArticle.aspx?ArtID=2303
Thank you very much
Thank you very much
ragz4u
03-09 11:57 AM
is it over now? All I get is buzzzzz
Yes it is, the hearing is now scheduled for next Wed
Yes it is, the hearing is now scheduled for next Wed
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