desi485
11-14 06:09 PM
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Chandu, also see this link about cancellation of employment authorisation.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8
� 274a.14 Termination of employment authorization.
(a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:
(i) The expiration date specified by the Service on the employment authorization document is reached;
(ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or
(iii) The alien is granted voluntary departure.
(2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.
However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.
(b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:
(i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or
(ii) Upon a showing that the information contained in the application is not true and correct.
(2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.
(c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.
(2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).
(3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.
[52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Chandu, also see this link about cancellation of employment authorisation.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8
� 274a.14 Termination of employment authorization.
(a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:
(i) The expiration date specified by the Service on the employment authorization document is reached;
(ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or
(iii) The alien is granted voluntary departure.
(2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.
However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.
(b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:
(i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or
(ii) Upon a showing that the information contained in the application is not true and correct.
(2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.
(c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.
(2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).
(3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.
[52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]
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virtual55
07-12 10:20 AM
In VA can we extend Driving License with receipt notice of h1 extension .
desi chala usa
01-06 10:25 AM
Don't forget the education is the biggest business in U.S.A and the immigration is the second one, thats what I learned from my 5 years experience. Both businesses dragging money from foreign ppl (International student has to pay 3-4 times more than local).
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santb1975
05-22 03:12 PM
This thread is mostly being bumped without contributions today :confused:
more...
beppenyc
03-08 10:49 AM
nothing concernign guest worker program? Backlog?
msp1976
12-15 12:58 PM
Here are the details:
Type: EB2 - RIR (State - CT)
PD: June 2004
45 DL Received: December 2005
Current Status: CERTIFIED (On 12/15/2006) per DOL website.
Can anyone tell me what happens next?
You should receive the approval papers in a few weeks...
In case you donot, you have to follow up with PBEC...
If you donot get anywhere with that followup, there are some people who filed I-140s without the actual paper. In that case the USCIS sends a RFE to the PBEC.....
Type: EB2 - RIR (State - CT)
PD: June 2004
45 DL Received: December 2005
Current Status: CERTIFIED (On 12/15/2006) per DOL website.
Can anyone tell me what happens next?
You should receive the approval papers in a few weeks...
In case you donot, you have to follow up with PBEC...
If you donot get anywhere with that followup, there are some people who filed I-140s without the actual paper. In that case the USCIS sends a RFE to the PBEC.....
more...
valuablehurdle
06-21 11:32 AM
Checked with my lawyer. 20 cases pending since January. Atlanta..
My Labor was filed April 15th, 2007. EB2. 'In process'.
My Labor was filed April 15th, 2007. EB2. 'In process'.
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JunRN
09-13 10:44 AM
I believe that for Schedule A Professionals like nurses and PTs, the only solution is the bridge amendment to make it faster. They are now using EB3, which means competing against hundreds of thousands of Engineers. With the latest bulletin, it seems the wait is five to six years...wow! that was long! But I think that is not the true picture. By mid of the 2008 fiscal year, we will see the real picture so hang on. The wait could be in reality 3 years.
more...
miguy
12-18 02:02 PM
I have been wanting to post this for the last few days and was happy to read this thread.........can we do something like an Immigrant's Boycott Day or something where we should do a mass boycott all over the country.....we need to coordinate this across the entire country and do a gandhi style protest.....but we need atleast maybe 1000 people per city to do it.....I am not sure how difficult it is to get that many people.....but that seems to be the only way to create an Impact.......WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION........its like when all the mexican farmers stopped working on the strawberry farms.....there were no strawberries in the market....I am in the Detroit, MI area.... we need to come up with a list of big cities where we can get 1000 people per city.
Hit them where it hurts the most.
Hit them where it hurts the most.
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trueguy
02-26 12:01 PM
Forget about LIFO or FIFO, this year EB2 won't be getting enough visa's from spill-over. They would be giving majority of spill-over to EB3-ROW/I/C and EB2 would be getting very small fraction. And how's that is possible for that they would play around the law ( by making EB2 current).
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
more...
rkm
07-11 08:01 AM
Very Good News for EB2-I.
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Libra
09-10 07:47 PM
thanks cirigadi, gctoget, rajamanikannan, hemants for your contribution. please attend rally too, we need to show big numbers at rally.
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I_need_GC
03-14 02:06 PM
Thanks for you post about Canada Visit. You mentioned that one shouldn't say vacation for purpose of visit. What should we say then? My wife and I are going for Landing to Canada and people have posted that if you tell you landed as immigrant in Canada then Border Officers give you a hard time as well and some have even got RFE's from USCIS regarding their intent with US immigration process. So either way we are in trouble!
Friends please advise. What should you say to Border Patrol Officers on Re Entry to US with AP?:(
Also would you mind sharing what was your purpose of Visit?
AP was created for people who had an emergency to travel outside the US while there I-485 was being processed. but over the years these processes have elapse and now take longer. So now the USCIS is more lenient in issuing APs but the law still is that its for emergency travel. Now if you come across an IO who is having a bad day and asks you your reason for travel and you say vacation well he has the authority to deny you entrance. The IO can refuse you entry if he feels somethings not right.
While you have a I-485 pending trying to get Canadian landing papers in theory is a good idea but heres the problem you run in to. After get us green card or passport you take on any other nationality they don't like that. They consider it that you no longer want to be a US citizen now if you have previously held any other nationality like Indian by birth they are ok with that.
So yes if you tell the IO you went there for Canadian landing papers and are traveling on AP its sounds like you no longer want to be a US citizen.
In the past I have said visit family they are ok with that.
My Canadian visit was for work purposes. my company has a sister office in Canada. so when they asked I said to temporarily work in Canada. they were happy with that.
Friends please advise. What should you say to Border Patrol Officers on Re Entry to US with AP?:(
Also would you mind sharing what was your purpose of Visit?
AP was created for people who had an emergency to travel outside the US while there I-485 was being processed. but over the years these processes have elapse and now take longer. So now the USCIS is more lenient in issuing APs but the law still is that its for emergency travel. Now if you come across an IO who is having a bad day and asks you your reason for travel and you say vacation well he has the authority to deny you entrance. The IO can refuse you entry if he feels somethings not right.
While you have a I-485 pending trying to get Canadian landing papers in theory is a good idea but heres the problem you run in to. After get us green card or passport you take on any other nationality they don't like that. They consider it that you no longer want to be a US citizen now if you have previously held any other nationality like Indian by birth they are ok with that.
So yes if you tell the IO you went there for Canadian landing papers and are traveling on AP its sounds like you no longer want to be a US citizen.
In the past I have said visit family they are ok with that.
My Canadian visit was for work purposes. my company has a sister office in Canada. so when they asked I said to temporarily work in Canada. they were happy with that.
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mariner5555
05-02 02:47 PM
I don't see Visas Recapture bill going any where.
It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.
I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.
Hope for any legislative changes only in 2009 and beyond and not in 2008.
honestly even if democrats come in 2009 ..nothing will ever happen. as I mentioned in one of the posts .. unless they start educating people about the aging population and the need for immigration, need for immigration to keep economy growing ..in terms of young people needed to settle here so that economy gets young workers and in turn the workers end up buying houses, cars etc ..nothing will happen. politicians don't need talent ..they need money from lobbyists ..businesses need talent but they are getting from comp - comp visas and outsourcing. on top of it we have super stupid people like doggs who are making matters worse.
It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.
I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.
Hope for any legislative changes only in 2009 and beyond and not in 2008.
honestly even if democrats come in 2009 ..nothing will ever happen. as I mentioned in one of the posts .. unless they start educating people about the aging population and the need for immigration, need for immigration to keep economy growing ..in terms of young people needed to settle here so that economy gets young workers and in turn the workers end up buying houses, cars etc ..nothing will happen. politicians don't need talent ..they need money from lobbyists ..businesses need talent but they are getting from comp - comp visas and outsourcing. on top of it we have super stupid people like doggs who are making matters worse.
more...
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chisinau
11-18 08:27 AM
Hi!
I have the opportunity to receive Canadian Permanent Residence. But for the US my PD is Sept.2006 in EB3, schedule "A"(which does not exists anymore :-). The question is: Will I be able to pass the interwiev succesfully and receive the GC, when my PD is current? Or it is impossible after receiving Canadian PR? I mean is it possible to have both Canadian PR and US GC at the same time? If now, please suggest how should I act in this situation?
Thanx for you opinions!
I have the opportunity to receive Canadian Permanent Residence. But for the US my PD is Sept.2006 in EB3, schedule "A"(which does not exists anymore :-). The question is: Will I be able to pass the interwiev succesfully and receive the GC, when my PD is current? Or it is impossible after receiving Canadian PR? I mean is it possible to have both Canadian PR and US GC at the same time? If now, please suggest how should I act in this situation?
Thanx for you opinions!
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coopheal
02-23 08:36 PM
What is LUD
Read all about LUDs here http://immigrationvoice.org/wiki/index.php/LUD
Read all about LUDs here http://immigrationvoice.org/wiki/index.php/LUD
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Libra
09-11 01:56 PM
thank you leoindiano.
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boreal
08-24 12:42 PM
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
I dont have any opinions on the main topic here - just wanted to chime in on this one...
Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...
I dont have any opinions on the main topic here - just wanted to chime in on this one...
Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...
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sam2006
09-12 11:12 PM
Done
Changed the Equation
Changed the Equation
rajuram
12-18 04:35 PM
qplearn that was a good one. !!!!!!:)
For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....
While we all sit here discussing Gandhigiri, time is silently slipping by. New congress session is only two weeks away, but guess what � immigration is not even on the agenda���..
CIR has come and gone�.
Elections have come and gone�.
Lame duck has come and gone�.
I guess the season for waiting is still here�.may be for a very long time
For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....
While we all sit here discussing Gandhigiri, time is silently slipping by. New congress session is only two weeks away, but guess what � immigration is not even on the agenda���..
CIR has come and gone�.
Elections have come and gone�.
Lame duck has come and gone�.
I guess the season for waiting is still here�.may be for a very long time
shantanup
06-11 01:05 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
Do you usually get paid first and then work? Do you get the returns first then you invest? Do you get the overpaid tax back first and then you file the tax return?
How do you know in advance that visa recapture and visa increase will not happen?
visa recapture - no chance
visa increase - will not happen
still contribute??
Do you usually get paid first and then work? Do you get the returns first then you invest? Do you get the overpaid tax back first and then you file the tax return?
How do you know in advance that visa recapture and visa increase will not happen?
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