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."
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m306m
03-18 09:31 AM
Guys as it states both you and your spouse need to have an SSN not ITIN.
So if one has ssn other has ITIN you are not qualified.
The stimulus package is $600 for each member who has an SSN. Therefore if both you and your wife had an SSN you would get $1200. In the case where one spouse has an ITIN, the remaining spouse still is eligible for the $600. As mentioned in this post earlier you can always file 1040X one you receive the SSN for your spouse and claim the additional $600.
So if one has ssn other has ITIN you are not qualified.
The stimulus package is $600 for each member who has an SSN. Therefore if both you and your wife had an SSN you would get $1200. In the case where one spouse has an ITIN, the remaining spouse still is eligible for the $600. As mentioned in this post earlier you can always file 1040X one you receive the SSN for your spouse and claim the additional $600.
mirage
04-03 08:55 AM
Congratulation to you two, you successfully diverted everybody from the objective of the thread..
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texanguy
09-10 10:43 AM
you still have till end of this month...
I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.
I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.
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reachinus
03-05 11:04 AM
We had soft LUD on our cases as well, for both my wife and me. Hope it will be all good. My Atty mailed the application on 6/31 and it was receipted on 09/07/07.
bigboy007
06-10 11:46 PM
Diptam , its been repeatedly said CIR is not law yet , so dont think otherwise and be best wishes that it wont pass in current form. I hope there would be somthing as in case Law cant be retroactive. So cheerup and lets hope for the best.
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kaisersose
07-20 01:36 PM
The important thing is, not all BEC cases are alive today. Most people moved on to PERM. On the flip side, some newbies took advantage of substituted Labor, but I am guessing the count is not very high.
So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).
More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).
Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.
Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.
So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).
More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).
Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.
Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.
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crystal
09-17 02:52 PM
:)
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BharatPremi
07-05 04:11 PM
BharatPremin you in CA?
No... Why?
No... Why?
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indio0617
03-16 10:13 AM
Got through this time. Same answer... that they will resolve it soon.
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chanduv23
05-14 09:38 PM
Here is the scoop.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
I guess you are now happier than before. You are close to getting your issue resolved.
No one knows why people who are eligible for AC21 portability are going through this.
When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.
Many people have said that this is a training issue. maybe it is. We don't know
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
I guess you are now happier than before. You are close to getting your issue resolved.
No one knows why people who are eligible for AC21 portability are going through this.
When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.
Many people have said that this is a training issue. maybe it is. We don't know
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psaxena
06-11 03:19 PM
seriously , I have seen a couple of people who day dream unrealistic thing and for some time
thinks thats true. This normally happens, when you normally facing a lot of negative things then your mind things of all the good things,( in your shit load of money on stocks and investments). This actually helps keeping one out of depression in the illusional state. but unfortunately fact is fact.
As far as I know, I am pretty aggressive in investment and I am getting @15% right now.. which too in a very unconventional ways.. by investing in forex and start ups with a risk of loosing nearly 80% of the investment in a day. when you 100K-200K and get returns like 100k.. dude that 100%-50% investment.. please let me know where can I do that.
I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
thinks thats true. This normally happens, when you normally facing a lot of negative things then your mind things of all the good things,( in your shit load of money on stocks and investments). This actually helps keeping one out of depression in the illusional state. but unfortunately fact is fact.
As far as I know, I am pretty aggressive in investment and I am getting @15% right now.. which too in a very unconventional ways.. by investing in forex and start ups with a risk of loosing nearly 80% of the investment in a day. when you 100K-200K and get returns like 100k.. dude that 100%-50% investment.. please let me know where can I do that.
I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
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vjkypally
07-21 08:29 AM
Bring our issues in front of Ombudsman with the kind of time line we expect and let him take it up with the Govt.
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gc28262
03-12 03:12 PM
................................................
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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.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
.................................................. ..................................
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.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
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desi3933
07-06 12:32 PM
Have all those visas made available been used up so far by USCIS? I doubt it.
It depends on how visa number requested is used in the I-485 approval and how it is termed as "used" from "made available".
___________________
Not a legal advice.
It depends on how visa number requested is used in the I-485 approval and how it is termed as "used" from "made available".
___________________
Not a legal advice.
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Milind123
09-12 06:03 PM
Thankyou ska_iit EAD rangaswamy and imm_pro.
All, please remember my intention is to motivate people who never contributed so far and who start
a $50 monthly contribution for at least six months. I am going to do a one time contribution of $50
for all such contributions (limits apply which I still did not disclose)
Anyway good start. ska_iit EAD rangaswamy and imm_pro, please consider monthly contributions. imm_pro, you
are only 2 contributions (of $50) away from the target of $300.
While making my contribution I would like to thank all the people who have started their new monthly contribution.
I would feel bad if I miss their name while searching the thread, so please PM me.
Here are the details of my third contribution of $100
Order Details - Sep 12, 2007 6:12 PM EDT
Google Order #761429932710772
All, please remember my intention is to motivate people who never contributed so far and who start
a $50 monthly contribution for at least six months. I am going to do a one time contribution of $50
for all such contributions (limits apply which I still did not disclose)
Anyway good start. ska_iit EAD rangaswamy and imm_pro, please consider monthly contributions. imm_pro, you
are only 2 contributions (of $50) away from the target of $300.
While making my contribution I would like to thank all the people who have started their new monthly contribution.
I would feel bad if I miss their name while searching the thread, so please PM me.
Here are the details of my third contribution of $100
Order Details - Sep 12, 2007 6:12 PM EDT
Google Order #761429932710772
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gimme_GC2006
07-21 05:25 PM
We need another demonstration to let people know how this is going to effect :mad: :mad:
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mirage41
09-15 09:09 PM
people who do not support pd porting must *morally* refuse any pay hikes they get along the course of the GC journey, decline promotions offered at their workplace and must vehemently refuse any self help initiatives by the employer.
If they actually do that, they are both justified in opposing PD porting and they kinda give away their I.Q in the process! lol
Not to mention, if anyone of the above happens, they need to re-start their GC process *to be fair*!
Before someone gives me red dots, please note the Sarcasm in my post. (I support PD porting with all my heart!!) :D
If they actually do that, they are both justified in opposing PD porting and they kinda give away their I.Q in the process! lol
Not to mention, if anyone of the above happens, they need to re-start their GC process *to be fair*!
Before someone gives me red dots, please note the Sarcasm in my post. (I support PD porting with all my heart!!) :D
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UKannan
03-03 04:37 PM
Everyone feel like giving up but none of us give up :)
rsamudrala
07-13 01:35 PM
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harivenkat
08-12 11:23 AM
this seems to me ... the master stroke in using documented as weapon towards undocumented ...eventually getting rid of both weapon and the target ....
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