sunny1000
04-30 04:54 PM
This is the style of the officer of USCIS of America!
Some idiot gave me a red for asking for this translation...Whoever that is, please note that not all speak Hindi and I wanted to know what the poster was saying. So, go screw yourself if you don't like it.:mad::mad:
Some idiot gave me a red for asking for this translation...Whoever that is, please note that not all speak Hindi and I wanted to know what the poster was saying. So, go screw yourself if you don't like it.:mad::mad:
wallpaper 2011 Hyundai Elantra
sunny1000
06-02 09:30 PM
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
I_need_GC
02-28 02:01 PM
Heres the dates just as an fyi.
Filed AP: July 26,08
RD: Aug 16, 08
Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.
If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.
Filed AP: July 26,08
RD: Aug 16, 08
Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.
If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.
2011 Hyundai Elantra 2002 Interior.
MeraNaamJoker
09-27 09:51 AM
I am waiting for 14 yrs.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You should be able to switch from EB3 to EB2.
Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You should be able to switch from EB3 to EB2.
Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.
more...
Bogdan
06-02 04:26 PM
Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
Radhika
07-23 05:21 PM
Guys, We just got the magic e-mail.!!
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Congratulation!!!!!!!
Thats really great news.
My husband pd is SEP 2004
EB3 India
Hope we will also get GC in next 2 years
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Congratulation!!!!!!!
Thats really great news.
My husband pd is SEP 2004
EB3 India
Hope we will also get GC in next 2 years
more...
ski_dude12
07-11 11:20 AM
Welcome news for EB2. For EB3.. hang in there folks... things will happen soon for you all.
2010 Black Hyundai Elantra 2002
syzygy
09-15 04:05 PM
GCTest and et al if you have really raised 600 $ talk to good lawyer to sure the hell out of USCIS for its un accountability. This EB3 - EB3 rift is not going to help anyone but only USCIS. Take a chill pill and think carefully who has screwed us most -- IT IS USCIS. If you sue USCIS for unaccountability, changing rules at will and worst of all racial discrimination or new term for country based discrimination -- it is history waiting to happen.
There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.
There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.
more...
uma001
05-19 09:59 AM
This is the reply I got form Nevada Senator
Thank you for contacting me regarding immigration reform. I value the opinions of every Nevadan and am grateful to those who take the time to inform me of their views.
America is a nation of immigrants but also a nation of laws. The national security of the United States depends on an immigration policy that first and foremost secures our borders. Our immigration policy also must demand accountability from those who hire illegal workers by creating a national employee verification system that employers would be required to use to verify the legal status of their employees and imposing severe penalties for employers who hire illegal workers. We should welcome those who want to enter the country legally, learn English, maintain employment, pay taxes, and contribute to our communities. We should not have to accept those who are not working full time; who have committed a crime or may present a danger to American citizens or legal immigrants; or who go on, or are likely to go on, public assistance or become dependent on any other government program.
I think we can all agree that our current immigration system is broken and that our schools, hospitals, and law enforcement are bearing the weight of its failures. Our prison system is overcrowded, and costs incurred from incarcerating criminal aliens continue to rise. The Department of Justice estimates that one in five federal prisoners, and more than one in ten state prisoners in Nevada, are non-U.S. citizens. That is why I support the Department of Homeland Security's Immigration and Customs Enforcement initiatives that give state and local law enforcement the necessary tools to stem illegal behavior, such as the expansion of the Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) program. The REPAT program paroles non-violent criminal aliens serving state sentences so they can be deported. In Nevada, 2,560 criminal aliens were flagged for removal in Fiscal Year 2008 and 2,183 in Fiscal Year 2009. Reform is necessary and should be in America's best interests and not encourage additional illegal behavior.
Once again, thank you for contacting me on this very important issue. If you should have any further questions or comments or would like to sign up for my monthly newsletter, please feel free to write or e-mail me via my website at John Ensign, United States Senator of Nevada: Home (http://ensign.senate.gov).
Sincerely,
JOHN ENSIGN
United States Senator
JE/RD
Thank you for contacting me regarding immigration reform. I value the opinions of every Nevadan and am grateful to those who take the time to inform me of their views.
America is a nation of immigrants but also a nation of laws. The national security of the United States depends on an immigration policy that first and foremost secures our borders. Our immigration policy also must demand accountability from those who hire illegal workers by creating a national employee verification system that employers would be required to use to verify the legal status of their employees and imposing severe penalties for employers who hire illegal workers. We should welcome those who want to enter the country legally, learn English, maintain employment, pay taxes, and contribute to our communities. We should not have to accept those who are not working full time; who have committed a crime or may present a danger to American citizens or legal immigrants; or who go on, or are likely to go on, public assistance or become dependent on any other government program.
I think we can all agree that our current immigration system is broken and that our schools, hospitals, and law enforcement are bearing the weight of its failures. Our prison system is overcrowded, and costs incurred from incarcerating criminal aliens continue to rise. The Department of Justice estimates that one in five federal prisoners, and more than one in ten state prisoners in Nevada, are non-U.S. citizens. That is why I support the Department of Homeland Security's Immigration and Customs Enforcement initiatives that give state and local law enforcement the necessary tools to stem illegal behavior, such as the expansion of the Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) program. The REPAT program paroles non-violent criminal aliens serving state sentences so they can be deported. In Nevada, 2,560 criminal aliens were flagged for removal in Fiscal Year 2008 and 2,183 in Fiscal Year 2009. Reform is necessary and should be in America's best interests and not encourage additional illegal behavior.
Once again, thank you for contacting me on this very important issue. If you should have any further questions or comments or would like to sign up for my monthly newsletter, please feel free to write or e-mail me via my website at John Ensign, United States Senator of Nevada: Home (http://ensign.senate.gov).
Sincerely,
JOHN ENSIGN
United States Senator
JE/RD
hair Hyundai Elantra 2002 Interior.
coolpal
02-04 12:25 PM
My wife has H1B processed in maiden name -(i 797, i-94, stamping). she recently changed her maiden name to married name. she changed her name in SSN and Passport. DMV in NJ are asking to change the name in immigration office. We spoke to the immigration authority and they say there are no relevant forms to make the name change. If anybody have solution let me know.
Explain to the DMV about this... and try not to go on a weekend. They are extremely busy on weekends are easily irritated. Find them when they are relatively calm and free...
pal :)
Explain to the DMV about this... and try not to go on a weekend. They are extremely busy on weekends are easily irritated. Find them when they are relatively calm and free...
pal :)
more...
immm
07-18 02:45 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.
...
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.
...
hot images 2002 Hyundai Elantra
sayantan76
01-05 10:33 PM
I never came here to study. Have you heard of IIT/REC's in India. I understand there are other colleges/universities in india which your are describing here or u might have studied there but same is true for US as all universities are not A grade. There is a way to tell the fact, not to exaggerate and that too by an indian. if an american say this i can understand that he is ignorant about the facts.
Anyways all the best for Green Green Card. I can understand the desperation
i agree with you Karan and totally disagree with Gayatri. I routinely interview undergrad and MBA grad students on campus from top 10-15 universities/ b-schools in US for my company's management analyst and associate programs.
I do not find any material difference one way or the other in the quality of output between here and India (i cant speak to MS or other grad programs). Just because we are here does not mean we have to go out of the way to either short-sell our respective motherlands or indulge in trash talk about our home country to make us look more "american". And FYI - quotas are no different from affirmative action.
In fact, i read either in NY Times or Wall Sreet Journal a couple of days back that Japan is now "in awe" of indian basic school education and latest fad in Tokyo is Indian schools or schools that use Indian teaching methodology and employ indian teachers.
Anyways all the best for Green Green Card. I can understand the desperation
i agree with you Karan and totally disagree with Gayatri. I routinely interview undergrad and MBA grad students on campus from top 10-15 universities/ b-schools in US for my company's management analyst and associate programs.
I do not find any material difference one way or the other in the quality of output between here and India (i cant speak to MS or other grad programs). Just because we are here does not mean we have to go out of the way to either short-sell our respective motherlands or indulge in trash talk about our home country to make us look more "american". And FYI - quotas are no different from affirmative action.
In fact, i read either in NY Times or Wall Sreet Journal a couple of days back that Japan is now "in awe" of indian basic school education and latest fad in Tokyo is Indian schools or schools that use Indian teaching methodology and employ indian teachers.
more...
house Used Hyundai Elantra 2002 for
reddysn
06-04 02:12 PM
Veni
I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
http://www.aila.org/content/default.aspx?docid=22481
It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
http://www.aila.org/content/default.aspx?docid=22481
It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
tattoo Re: 2010 Elantra Press Release
test101
07-06 05:17 PM
From OH mathew
--------------------------------------------------------------------------------
07/06/2007: Revised July 2007 Visa Bulletin
The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.
http://www.immigration-law.com/
--------------------------------------------------------------------------------
07/06/2007: Revised July 2007 Visa Bulletin
The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.
http://www.immigration-law.com/
more...
pictures HYUNDAI ELANTRA 2008 INTERIOR
pitha
07-06 02:04 PM
I doubt it, uscis used up 60k visas in one month just to make sure we dont get any ead, why in the world after doing all this nonsense would they accept our applications.
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
dresses hyundai elantra 2011 interior.
gc_kaavaali
06-24 12:18 PM
I have been living in US for 5 years. I came on H1B and applied for labor in NJ in 2003. Spent $1000 for labor. Later i had to change employers because of employer problems. Then i applied my labor with new employer in 2005 march. i worked with this guy around 4 years. Applied 485 in july. I took permanent position on EAD. Here are the problems if they don't give me GC:
1) Problem is i am stuck at Senior Software Engineer. I cannot take lead position because of pending 485 application. So that means person who doesn't know anything about our application will lead us. From organization point of view that person is waste. It is really waste of money. See how many people are in this situation and see how much money this country is losing.
2) Because of excess use of human resources in particular organization It also leads scarcity of human resources.
3) My company will pay for my EAD and AP cost. It is waste of money.
4) I may not want to go to India because i may scared if USCIS send any details when i am in india. That means i don't use my vacation. I will try to get money instead of vacation. This is also loss for an organization. Not much spending on tourism.
5) Suppose if i am on H1B, my employer has to bear cost. It is waste of money. I know for USCIS it might revenue but they also incur additional cost to adjudicate my H1B petition.
No doubt being in america i have better life. But US also gaining so much out of us.
1) Problem is i am stuck at Senior Software Engineer. I cannot take lead position because of pending 485 application. So that means person who doesn't know anything about our application will lead us. From organization point of view that person is waste. It is really waste of money. See how many people are in this situation and see how much money this country is losing.
2) Because of excess use of human resources in particular organization It also leads scarcity of human resources.
3) My company will pay for my EAD and AP cost. It is waste of money.
4) I may not want to go to India because i may scared if USCIS send any details when i am in india. That means i don't use my vacation. I will try to get money instead of vacation. This is also loss for an organization. Not much spending on tourism.
5) Suppose if i am on H1B, my employer has to bear cost. It is waste of money. I know for USCIS it might revenue but they also incur additional cost to adjudicate my H1B petition.
No doubt being in america i have better life. But US also gaining so much out of us.
more...
makeup tattoo Hyundai Elantra 2002
Humhongekamyab
09-10 11:49 AM
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
girlfriend 2002 Hyundai Elantra GLS
red200
12-11 03:37 PM
Hi Pappu and IV seniors,
I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too ...................
Yes if this is one of IV's agenda . I will contribute as generously as possible
I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too ...................
Yes if this is one of IV's agenda . I will contribute as generously as possible
hairstyles Hyundai Elantra 2002 Hyundai
Napoleon
03-10 09:38 PM
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
rongha_2000
04-30 04:36 PM
What you say is absolutely correct, but I dont see any discussion to that effect happened today. USCIS folks painted a picture of how USCIS is increasing its efficiency and how last years surge is causing problems. There was no conclusion or even an attempt made to say "Yes, if these numbers are captured, the process will be faster." On the contrary to the question of removing the country cap the USCIS captain said "It has a resource implication.."
Hope are dying away faster than the beach sand that slips away from your hand.
Only positive thing that happened today and this is my 100th post and I graduated to senior member. :D
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
Hope are dying away faster than the beach sand that slips away from your hand.
Only positive thing that happened today and this is my 100th post and I graduated to senior member. :D
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
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
--------------------------------------------------------------------------------
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.
No comments:
Post a Comment