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
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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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JunRN
09-28 09:47 PM
Kidding aside, when I get my GC and then US citizenship, I will apply for a position in DHS....or in FBI.....
wellwisher02
04-01 08:46 AM
Wow, so you're telling me be happy as somebody else is in pain now ???
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act professionallly as all other IV members do. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against USCIS. Will you be brave enough (if not foolhardy enough) to reproduce whatever you said here in a letter and send it out to the USCIS? Trust me, you'll not since you'd act politely and professionally to make out your case. We expect you to act with decorum when you discuss pertinent issues in IV forum.
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act professionallly as all other IV members do. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against USCIS. Will you be brave enough (if not foolhardy enough) to reproduce whatever you said here in a letter and send it out to the USCIS? Trust me, you'll not since you'd act politely and professionally to make out your case. We expect you to act with decorum when you discuss pertinent issues in IV forum.
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austingc
04-28 01:56 PM
its generally the case, where these loan officers doesn't understand the Immigration process.
I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.
Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.
Dont worry, your loan will be approved.
Dont worry. I mortgaged through BOA and everything went well with my AOS and I am closing next week.
I also had to go thru it. I would suggest to give them a copy of I-140 approval. that is an approved doc, than a pending I-485.
Good part is, the Underwriters generally know about the immigration process and would take 1-140 approval doc as a valid doc.
Dont worry, your loan will be approved.
Dont worry. I mortgaged through BOA and everything went well with my AOS and I am closing next week.
more...
hopefullegalimmigrant
01-20 10:40 PM
Hello All - Got AP on Friday. What a delay. Hope everyone else gets the documents in time.
swissgear
08-23 08:47 AM
see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
more...
Kodi
06-29 02:40 PM
From what I see, they're still processing February.
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wanna_immigrate
04-11 08:35 PM
How long it takes to get 140 approved in premium?
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mkashif4
10-05 10:52 AM
14 years and still waiting for GC. Switched several companies and working on EAD now.
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wandmaker
05-22 06:02 PM
I have made a one time contribution of $100.
Thank you! Go IVans Go!!
Thank you! Go IVans Go!!
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mmanurker
09-26 11:00 AM
This is the worst DMV in NJ... You may be better off going to Jersey City, Princeton or anywhere else.
Princeton/Trenton are also worst...FYI...My DL already expired on 9th Sept.
I went to Trenton with original receipt and employer letter but still they refused to renew my license.
My attorney forgot to upgrade my H1 application to premium process and then started to defend himself by saying that he did not get any approval from my employer and at the same time he never told me that he did not get my employer authorization till Sept 11th where as I asked him to upgrade to premium sometime in last week of July'07. So from July to Sept'11th he kept making excuses one after another but never mentioned that he needs an employer authorization.Thats how these attorneys work and screw our lives....
Princeton/Trenton are also worst...FYI...My DL already expired on 9th Sept.
I went to Trenton with original receipt and employer letter but still they refused to renew my license.
My attorney forgot to upgrade my H1 application to premium process and then started to defend himself by saying that he did not get any approval from my employer and at the same time he never told me that he did not get my employer authorization till Sept 11th where as I asked him to upgrade to premium sometime in last week of July'07. So from July to Sept'11th he kept making excuses one after another but never mentioned that he needs an employer authorization.Thats how these attorneys work and screw our lives....
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gcwait
09-11 05:06 PM
Contributed small amount of $100.
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ind_game
05-14 04:47 PM
There is no official process or filing fee. Attorneys generally represent both the employer and the employee. Because revoking the petition could harm the employee, a conflict of interest arises. Accordingly, most immigration attorneys would not want to be involved in assisting in the revocation of petitions.
Do you mean to say, the employer just sends a letter with a signature and LIN numbers to revoke and USCIS revokes them?
In that case does USCIS send a confirmation of revocation of all the requested LIN numbers to be revoked? Or it is just a one-sided handshake?
Do you mean to say, the employer just sends a letter with a signature and LIN numbers to revoke and USCIS revokes them?
In that case does USCIS send a confirmation of revocation of all the requested LIN numbers to be revoked? Or it is just a one-sided handshake?
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immig4me
05-04 08:57 AM
This campaign starts at 4:00 PM EST on 29th April, 2010 and will run until the end of next week. We request all IV members to call the Senate offices listed below between 9:00 AM EST and 5:00 PM EST.
So, this Campaign runs for another 3 days, IV members need to pick up the phones and start calling. Remember, if no bill is put forth before the end of May, it will be legislatively impossible to take CIR this year.
It all boils down to, how much are we willing to help our own cause.
So, this Campaign runs for another 3 days, IV members need to pick up the phones and start calling. Remember, if no bill is put forth before the end of May, it will be legislatively impossible to take CIR this year.
It all boils down to, how much are we willing to help our own cause.
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Green.Tech
06-17 11:49 AM
Show me the money!:)
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diptam
08-12 04:18 PM
Small or medium companies who played by the rules are doing okay. I transferred H1B couple of times between small companies during 2009-10 recession time and in each case it was approved in 2-3 days. Both the companies had a 100% record in H1-transfer and PERM approval.
I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?
I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?
more...
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senk1s
05-02 09:08 AM
thats all the more reason to recapture visa numbers ... forever.
If they hit 90-95% of the target for the current year - the following year the exact number will be known - and that can be allotted
If they hit 90-95% of the target for the current year - the following year the exact number will be known - and that can be allotted
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eb3_nepa
07-14 03:37 PM
Hello everyone who contributed and will contribute. As an added favour, if you could update your signatures with a Link back to this thread, that would REALLY help matters.
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vdlrao
06-11 02:53 PM
vdlrao, Thanks ..good days are always ahead. can you tell me the reason for your optimism ? the problem I see is spillovers not going to EB3-I. at the very least they should have thrown some visas to EB3 out of pity :).
In fact that is the only hope ..i.e. other categories will be in 2006 while EB3 will be in early 2002 late 001 ..and to make it look better USCIS will give some visas to EB3-I. in either case do share your reasons ..TIA
as I mentioned in earlier post ..if EB3-I gets only the alloted visas ..that means around 30 families in a state gets a GC ..in most apartment complex(in the big cities) ..you will see more than 30 Indian families waiting for GC
Due to the lot of noice we have done,most of the law makers know theres a community called legal immigrants, and their long waiting periods due to the outdated rules. The new OBAMA government's agenda is to take the immigration reform during his first year tenure in the ffice. Once the immigration reform took place, I am pretty sure there would be significat changes in employment based category, which drastically decrease the backlogs in all EB categories.
In addtion to that "legals are first than illegals"- OBAMA. This itself is enough for clearing off all the backlogs.
In fact that is the only hope ..i.e. other categories will be in 2006 while EB3 will be in early 2002 late 001 ..and to make it look better USCIS will give some visas to EB3-I. in either case do share your reasons ..TIA
as I mentioned in earlier post ..if EB3-I gets only the alloted visas ..that means around 30 families in a state gets a GC ..in most apartment complex(in the big cities) ..you will see more than 30 Indian families waiting for GC
Due to the lot of noice we have done,most of the law makers know theres a community called legal immigrants, and their long waiting periods due to the outdated rules. The new OBAMA government's agenda is to take the immigration reform during his first year tenure in the ffice. Once the immigration reform took place, I am pretty sure there would be significat changes in employment based category, which drastically decrease the backlogs in all EB categories.
In addtion to that "legals are first than illegals"- OBAMA. This itself is enough for clearing off all the backlogs.
wanna_immigrate
03-15 02:47 PM
...raised an SR, sent an interfiling request, but still no LUD yet.
If you check OP and other posters in this discussion, looks like it took around 2 months for all of them.
Did you mean in 2 months after interfiling they got 485 approved? Please clarify.
If you check OP and other posters in this discussion, looks like it took around 2 months for all of them.
Did you mean in 2 months after interfiling they got 485 approved? Please clarify.
ilikekilo
05-15 09:28 AM
Just an update from my side:
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
would you mind sharing what city you are in as its good to know that your local congress woman's office is helping you...
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
would you mind sharing what city you are in as its good to know that your local congress woman's office is helping you...
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