addsf345
11-20 03:38 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."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
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."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
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desi3933
07-06 12:20 PM
Look at the mistake again
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
It is NOT a mistake. Please read it again.
All numbers available to these categories under the FY-2007 annual numerical limitation have been made available
simple means that
all visa number (for FY-2007) are used up. They were made available to USCIS by DoS.
___________________
Not a legal advice.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
It is NOT a mistake. Please read it again.
All numbers available to these categories under the FY-2007 annual numerical limitation have been made available
simple means that
all visa number (for FY-2007) are used up. They were made available to USCIS by DoS.
___________________
Not a legal advice.
EB3gcwanted
09-01 09:47 AM
Arrived here in Apr 2001.. Labor filed in Mar 2005 EB3-I
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immi_twinges
07-24 12:53 PM
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
you said your RD is feb 2005...
If you got your gc then i have some hope
RD Feb 2005
eb3 india
Last fingerprint in March 2007
you said your RD is feb 2005...
If you got your gc then i have some hope
more...
csreddy329
12-11 04:08 PM
After I-140 approval if we are allowed to file 485 that will give us big relief, Willing to contribute big time if IV can make this part of its agenda
conundrum
04-30 03:17 PM
the chair person has just asked the best question of the day, about EB2 person having to wait even though the DOL has approved their case
more...
danu2007
07-18 09:54 PM
Joined in the month of July and contributed $100 and will sign up recurring one.
2010 Lindsay Lohan#39;s furnish was,
akkakarla
07-05 04:22 PM
Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.
Going to meet Congress Congresswoman Eshoo staff next week.
Going to meet Congress Congresswoman Eshoo staff next week.
more...
jungalee43
03-05 10:05 PM
My application was cleared before the BEC were started.
My PD is March-2003 and I didn't get the labor cleared till Late 2006
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
My PD is March-2003 and I didn't get the labor cleared till Late 2006
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
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kushaljn
07-15 11:56 AM
Just sent $10 for me and my wife.
Citibank - Reference Number: 10136
Citibank - Reference Number: 10136
more...
kalyan
06-11 08:22 AM
Particularly elimination of LC substitution and elimination of concurrent 140 & 485 are good things to come in the forseeable future.
Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.
If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process
We need to change.
Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.
If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process
We need to change.
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chanduv23
06-10 09:35 AM
Come on folks, lets burn those phone lines.
Try try try till you succeed
Try try try till you succeed
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SkilledWorker4GC
07-16 10:33 AM
Immigration Voice XXXX $5.00 7YHXK-9789S HIGH FIVE Funding Drive
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seahawks
09-12 12:55 AM
awesome bump thread....
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addsf345
11-21 02:49 PM
In addition to my above post, one can be on h1b and keep getting h1b extensions and apply for consular processing instead of AOS.
You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!
You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!
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tikka
07-20 10:35 AM
Contributed $100. Will do again. Thanks to IV for the job well done.
your first post is a contribution.. cant wait for the second one :D
Thank you for the contribution...
your first post is a contribution.. cant wait for the second one :D
Thank you for the contribution...
more...
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waitforevergc
06-11 10:18 AM
All,
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
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gapala
03-04 10:01 AM
First of all EAD is not a status. You need to provide them details on whether you are on H1B or AOS / Parolee (if used AP to travel or EAD to work).
Hope this helps.
Hope this helps.
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ItIsNotFunny
09-19 07:54 AM
thanks for answering.
i am not married. i have explored the possibility of doing this with friend(s) but decided that would like to do this independently. so i guess i have to figure out this owner/employee dual role problem.
any experience on this?
This is exactly why I am planning to open a company that can work as a pool for people who can use AC21, keep almost all the rate they are getting from market without having Legal Issues. I have atleast couple of people joining the pool immediately.
i am not married. i have explored the possibility of doing this with friend(s) but decided that would like to do this independently. so i guess i have to figure out this owner/employee dual role problem.
any experience on this?
This is exactly why I am planning to open a company that can work as a pool for people who can use AC21, keep almost all the rate they are getting from market without having Legal Issues. I have atleast couple of people joining the pool immediately.
Lacris
07-17 11:22 PM
Everyone can apply until August 17, but in the August VB, all the categories are U, which means no one is current and who knows when that will change. When processing, theoretically RD it's important, but when you get to the stage of being approved, you'll actually be approved only if your PD will be current at that time. Don't count too much on any guidelines, because some people get approved in weeks,others in years. Good luck.
qualified_trash
05-31 01:51 PM
Fermat's Last Theorem will be proved before anyone can come up with an explanation for the functioning of the BECs.
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