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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pappu
11-10 12:07 PM
jimi i will be communicating with you soon. i am travelling at this time but soon will touch base to get this rolling. thanks for your efforts
santb1975
07-15 09:47 PM
Let us see if this campaign gets participation from SoCal members who do not visit IV boards on a day to day basis
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sbharatham
07-18 10:00 PM
Contributed $100 just now adding to earlier 100+50.
Will contribute more.
IV has proved they are working hard behind the scenes with the July bulletin reversal Success.
Now its our turn as members to support them by contributing as much as you can !!!
Order Details - Jul 18, 2007 10:22 PM EDT
Google Order #156751256110014
Will contribute more.
IV has proved they are working hard behind the scenes with the July bulletin reversal Success.
Now its our turn as members to support them by contributing as much as you can !!!
Order Details - Jul 18, 2007 10:22 PM EDT
Google Order #156751256110014
more...
ronhira
07-06 03:21 PM
what is this suppose to mean, should I be scared
ronhira,
Your post was reported a vulgar by another member. We do not encourage vulgar indecent language on the forum. You have left us with no other choice but to verify you, or else we will be left with no other choice to ban you from IV website. Please send us a phone number to reach you, or call us at 202/386-6250. If we do not hear from you in next hour, we will be forced to ban you.
We value our message and do not allow others to use IV website to harm our goal.
Please contact us immediately.
IV team
ronhira,
Your post was reported a vulgar by another member. We do not encourage vulgar indecent language on the forum. You have left us with no other choice but to verify you, or else we will be left with no other choice to ban you from IV website. Please send us a phone number to reach you, or call us at 202/386-6250. If we do not hear from you in next hour, we will be forced to ban you.
We value our message and do not allow others to use IV website to harm our goal.
Please contact us immediately.
IV team
chanduv23
05-20 01:21 PM
Thanks a lot for all the members who have shared their knowledge and insight into this issue.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.
ind_game is now fully charged up to do something about these issues and has expressed his support to help fixing this issue.
Also, my special thanks to chanduv23 with whom I have been in touch through out the process with congressional office.
ind_game is now fully charged up to do something about these issues and has expressed his support to help fixing this issue.
more...
gctoget
07-30 11:50 AM
I was surprised to find that SoCal IV strength has increased to 24 now. Good work SoCal IV!!!
More members should join our group and get involved in IV activities.
If you have questions or wish to join the yahoo group please visit
http://groups.yahoo.com/group/SC_Immigration_Voice/
or send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
Thanks,
gctoget
More members should join our group and get involved in IV activities.
If you have questions or wish to join the yahoo group please visit
http://groups.yahoo.com/group/SC_Immigration_Voice/
or send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
Thanks,
gctoget
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diptam
06-10 10:27 PM
[QUOTE=dilbert_cal]Guys/Gals - Those of you who are planning to file your 140 and/or 485 and are worried about the future consequences, please stop worrying about the bill and first of all get your 140 and/or 485 filed.
Now, when you are done with it , please help IV to ensure that the current bill has enough amendments to make our future secure.
QUOTE]
Why only guys from May 16th 2007 to Oct 2008 are selectively victimized -
My 140 is filed just on May 16th - what is my Sin ??
Now, when you are done with it , please help IV to ensure that the current bill has enough amendments to make our future secure.
QUOTE]
Why only guys from May 16th 2007 to Oct 2008 are selectively victimized -
My 140 is filed just on May 16th - what is my Sin ??
more...
mayitbesoon
10-08 09:40 AM
you are very lucky.
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kutra
03-17 10:18 PM
One More Time,it is proved that we are unwanted group of people, even though we pay the highest social security tax.
Shame on You IRS !!!
Why don't you listen to others on this forum? No one is out to screw H-1s and/or GC aspirants as far as the rebate is concerned. Read the previous post by gg10004. The law is not differentiating between a H1 and GC aspirant or a US citizen if none of them have a valid SSN. It is just unfortunate that H4s do not get SSNs. So stop getting paranoid.
Moreover, your response that your title "No Stimulus Package to H1's and GC Aspirants - Again We Loose 1200$" is justified because titles are not for stories or whatever makes you look like an utter idiot. Titles are for accurately reflecting the gist of the thread. If you have an issue with adding 5 more words to reflect the reality, then add only one word: "No Stimulus Package to SOME H1's and GC Aspirants - Again We Loose 1200$".
Shame on You IRS !!!
Why don't you listen to others on this forum? No one is out to screw H-1s and/or GC aspirants as far as the rebate is concerned. Read the previous post by gg10004. The law is not differentiating between a H1 and GC aspirant or a US citizen if none of them have a valid SSN. It is just unfortunate that H4s do not get SSNs. So stop getting paranoid.
Moreover, your response that your title "No Stimulus Package to H1's and GC Aspirants - Again We Loose 1200$" is justified because titles are not for stories or whatever makes you look like an utter idiot. Titles are for accurately reflecting the gist of the thread. If you have an issue with adding 5 more words to reflect the reality, then add only one word: "No Stimulus Package to SOME H1's and GC Aspirants - Again We Loose 1200$".
more...
asdfred
08-12 01:27 PM
they are not approving h1s for consulting companies anyway
2k more is not back breaking..the attitude and the politics of it are disturbing
*edit
2k more is not back breaking..the attitude and the politics of it are disturbing
*edit
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Macaca
09-12 07:35 PM
Macaca-
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
The best solution is to write the years you spent on F1 and H1B. You can add your additional pains also.
This will change each email also.
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
The best solution is to write the years you spent on F1 and H1B. You can add your additional pains also.
This will change each email also.
more...
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Leo07
04-30 02:16 PM
Cornyn Open to Working on Immigration Reform - Roll Call (http://www.rollcall.com/news/45730-1.html)
We need to get more, but obviously a good beginning.( correction in title. it's Sen Cornyn )
We need to get more, but obviously a good beginning.( correction in title. it's Sen Cornyn )
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ak_2006
06-10 02:11 PM
That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
We had received good feedback in our meetings with the administration.
The whole process of making final announcements is just too slow!!
We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.
Thanks IV...thanks a lot.
We had received good feedback in our meetings with the administration.
The whole process of making final announcements is just too slow!!
We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.
Thanks IV...thanks a lot.
more...
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gctoget
07-13 11:51 AM
Count me in....92688
We can meet in a park at Orange county,LA or San Diego.
The picnic areas in parks are free.
We can meet in a park at Orange county,LA or San Diego.
The picnic areas in parks are free.
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xyzgc
02-09 07:05 AM
Wow, there you go! How come it becomes not 'stupid' when a girl spends husband's money to support her parents?
This, effectively, means that if the girl stops earning for any reason such as pregnancy or is unable to earn, she immediately forfeits the right to send money to her parents. This is the most illogical statement I have ever heard.
And it also means that for any reason, if a girl remains a house wife, she has no right to send any money to the parents like you, as the earning member, do.
This is the very strange attitude that may get a marriage in trouble.
Why shouldn't a husband send money to his parents from his earnings? The husband and wife can talk about it and based on circumstances take a decision.
BUT if the girl takes for granted her rights to spend for her parents from husband's earnings, then it becomes an issue!
Did I even say husband shouldn't send money to his parents from his earnings?
But shouldn't that be also need-based? How come it is the right of the husband to send any amount of money he wants to his parents without the wife complaining and how come it becomes a case of "taking for granted" when a non-earning wife wants to send money to her folks in need? This is a hypothetical situation and nothing to do with OP's case.
And then how is it we, husbands, are the first ones to start complaining when our wives don't get a share of our in-laws property following their demise?
And tell me then, following a divorce why are there laws which require you to split your net worth evenly with your non-working ex-wife? Is that acceptable to you then or you want to put forth an argument that "hey, we don't have a child and she is no longer my wife and so I am not obligated to give her a dime"
This, effectively, means that if the girl stops earning for any reason such as pregnancy or is unable to earn, she immediately forfeits the right to send money to her parents. This is the most illogical statement I have ever heard.
And it also means that for any reason, if a girl remains a house wife, she has no right to send any money to the parents like you, as the earning member, do.
This is the very strange attitude that may get a marriage in trouble.
Why shouldn't a husband send money to his parents from his earnings? The husband and wife can talk about it and based on circumstances take a decision.
BUT if the girl takes for granted her rights to spend for her parents from husband's earnings, then it becomes an issue!
Did I even say husband shouldn't send money to his parents from his earnings?
But shouldn't that be also need-based? How come it is the right of the husband to send any amount of money he wants to his parents without the wife complaining and how come it becomes a case of "taking for granted" when a non-earning wife wants to send money to her folks in need? This is a hypothetical situation and nothing to do with OP's case.
And then how is it we, husbands, are the first ones to start complaining when our wives don't get a share of our in-laws property following their demise?
And tell me then, following a divorce why are there laws which require you to split your net worth evenly with your non-working ex-wife? Is that acceptable to you then or you want to put forth an argument that "hey, we don't have a child and she is no longer my wife and so I am not obligated to give her a dime"
more...
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Libra
09-10 04:47 PM
thank you manish.
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doknek
06-10 05:05 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
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chanduv23
09-16 12:04 PM
Thank you Nagireddi and Nagaraj for those quick shots. It is definitely a good start. Folks, this is a long round, so please step up and fire your shots. While we are still waiting for the Guest lady/gentleman from the West Coast, please take your shots; everyone is welcome.
I will be stepping out for sometime so please be kind enough to bump this thread if it goes off screen.
Trying to bring legislative changes in the most powerful country in the world through grassroots movements is not an easy task and we are moving mountains here.
We appreciate each and every single contribution.
THANKS FOR ALL YOUR SUPPORT AND HELP - YOUR BIGGEST HELP AND SUPPORT IS TO MAKE THIS RALLY A SUCCESS
I will be stepping out for sometime so please be kind enough to bump this thread if it goes off screen.
Trying to bring legislative changes in the most powerful country in the world through grassroots movements is not an easy task and we are moving mountains here.
We appreciate each and every single contribution.
THANKS FOR ALL YOUR SUPPORT AND HELP - YOUR BIGGEST HELP AND SUPPORT IS TO MAKE THIS RALLY A SUCCESS
gondalguru
07-18 05:21 PM
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
You should be happy as you have a very old PD.
As u mentioned that you applied in mid june but the receipt date is mid july. What is your notice date? I thought that receipt date is the date when uscis receives your application. I may be wrong.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
You should be happy as you have a very old PD.
As u mentioned that you applied in mid june but the receipt date is mid july. What is your notice date? I thought that receipt date is the date when uscis receives your application. I may be wrong.
Caliber
03-04 12:25 PM
do have your 140 approved?
My case is also with TSC with 140 approved and there is absolutely no change in the message. There is not even a soft LUD in any of our cases.
My case is also with TSC with 140 approved and there is absolutely no change in the message. There is not even a soft LUD in any of our cases.
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