desi485
11-18 03:50 PM
We must also step forward and work towards resolving other things
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
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.
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
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.
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anilnag
02-23 01:49 PM
We can predict EB2 movement but EB3 is kind of gone case for this year too. Without any CIR, we can just pray that EB2 for all countries become current or at least move until july fiasco date (Aug 2007) so that spillover starts trickling to EB3.
Since EB2 I/C after Aug 2007 PD haven't filed their I-485 yet so the visa numbers if any left out by clearing until Aug 2007 should go to EB3I (the most retrogressed country). I don't see it happening this year but in 2010 it's a possibility.
Since EB2 I/C after Aug 2007 PD haven't filed their I-485 yet so the visa numbers if any left out by clearing until Aug 2007 should go to EB3I (the most retrogressed country). I don't see it happening this year but in 2010 it's a possibility.
Mayday
05-09 08:01 PM
I live in texas. I got my driver's license after my H-1B was valid for less than a month. So something is totally wrong with your DL department. Go and talk to a manager there.
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conundrum
04-30 04:03 PM
hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!
more...
eastindia
03-06 09:35 PM
I feel like giving up today after I saw a friend of mine leaving to india with a US Citizenship and an overseas citizen of india card.
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
Going back after US citizenship makes sense. He can come back when he wants and also get social security, medicare etc
But going back before that is defeat.
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
Going back after US citizenship makes sense. He can come back when he wants and also get social security, medicare etc
But going back before that is defeat.
jungalee43
03-05 08:31 PM
My adjustment application is pending for almost five years now. I was not in the habit of tracking LUDs but of late I was tracking and concluded that most of the time it means nothing.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
more...
Totoro
05-02 10:09 AM
Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?
I agree.
Many of the military families affected only earn $25,000. I find it repugnant when
someone shows how little he cares about his fellow human beings.
I agree.
Many of the military families affected only earn $25,000. I find it repugnant when
someone shows how little he cares about his fellow human beings.
2010 2009 / 2010 Suzuki Kizashi
Vsach
07-14 08:09 PM
Going in mail tomorrow...let's do it...do able!!
Please post this thread at as well...way to go!
VSach
Please post this thread at as well...way to go!
VSach
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pcs
07-05 03:40 PM
Guys meet your Congressman !!!
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vina92
12-16 09:44 PM
I agree with you. In order to achieve something, you have to give up something. Either it's the money, labor,time and effort. I sense that apart from very few , rest would like the fruits of labor without any type of contribution and effort. It would take herculean effort to change everyone's attitude. I hope Gandhiji will lend us an invisible hand in our struggle.
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Green.Tech
06-11 08:36 PM
a small contribution for now I will set up recurring soon. Can't thank you guys enough for being such a great support network. Not to be preachy, are we the same people who stood an united front against the Brits?
Paypal Receipt ID: 3JA591826E386220Y
Thanks jayZinDC...Hope your contribution inspires a few others!
Paypal Receipt ID: 3JA591826E386220Y
Thanks jayZinDC...Hope your contribution inspires a few others!
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prasha98
07-14 11:52 PM
Conf. Number: 7YCCW-WSP5K
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akhilmahajan
07-16 11:29 AM
Admins
is it possible to send an email, probably daily once to all members about High Five ?
I feel that most of the members are not aware at this time. Usually when ever something is happening live at senate or congress, more members visit and follow the proceedings. Since there is nothing like that right now, i think it's time to communicate to all of'em.
Just a thought to increase the momentum. This is a great initiative indeed in this tough economy
By the way, i've mailed another check of $50 today morning, towards yesterday's target of $2000
Satya
I think sending out emails to everyone wont serve the purpose. It will become more of a Spam from IV, which won't help in any way.
AFAIK, IV sends email to its members, when they have updates. I hope this helps.
Also, all the state chapter leaders have been asked to sent out emails to their respective state chapters. So, people will be knowing about this campaign.
GO IV GO. TOGTHER WE CAN.
is it possible to send an email, probably daily once to all members about High Five ?
I feel that most of the members are not aware at this time. Usually when ever something is happening live at senate or congress, more members visit and follow the proceedings. Since there is nothing like that right now, i think it's time to communicate to all of'em.
Just a thought to increase the momentum. This is a great initiative indeed in this tough economy
By the way, i've mailed another check of $50 today morning, towards yesterday's target of $2000
Satya
I think sending out emails to everyone wont serve the purpose. It will become more of a Spam from IV, which won't help in any way.
AFAIK, IV sends email to its members, when they have updates. I hope this helps.
Also, all the state chapter leaders have been asked to sent out emails to their respective state chapters. So, people will be knowing about this campaign.
GO IV GO. TOGTHER WE CAN.
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vkannan
03-07 01:23 AM
Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
Oh yeah, I hear you; I personally know many of my ex-colleagues in a big IT sourcing company who came to US in L1A got their GC through EB1 category within a matter of 6-8 months.....last years 180 rule change does benefit most of these fortunate guys.....
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
Oh yeah, I hear you; I personally know many of my ex-colleagues in a big IT sourcing company who came to US in L1A got their GC through EB1 category within a matter of 6-8 months.....last years 180 rule change does benefit most of these fortunate guys.....
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chanduv23
11-21 04:53 PM
But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?
Well once the h1b extension is granted - it is not retreated. It means that the person is in h1b status till the h1b expires (My understanding)
Now if 485 is denied when your h1b expiration's last day - then yes you are definitely out of all statuses
Such a thing is rare because person either files for h1b extension well before h1b expires or atleast decided he will use EAD
Issues will arise when h1b has to be extended and person is running out of time on existing h1b and the 140 revoke /485 denial happens (like say few weeks only because person was lazy to file h1b extension atleast 180 days before its expiry and decided to not use premium processing and h1b extension is pending)
Well once the h1b extension is granted - it is not retreated. It means that the person is in h1b status till the h1b expires (My understanding)
Now if 485 is denied when your h1b expiration's last day - then yes you are definitely out of all statuses
Such a thing is rare because person either files for h1b extension well before h1b expires or atleast decided he will use EAD
Issues will arise when h1b has to be extended and person is running out of time on existing h1b and the 140 revoke /485 denial happens (like say few weeks only because person was lazy to file h1b extension atleast 180 days before its expiry and decided to not use premium processing and h1b extension is pending)
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pappu
08-10 09:18 PM
When can we expect these Op-eds to be published? Will you be posting some kind of update here to let us know?
we have got only the ones on this thread till now. i am hoping few others may also send. there were many people who volunteered to write by sending me a response PM.
i want to wait for some time and see the different topics covered and decide the media outlets based on that.
if you/anyone has some good suggestions of sending these op-eds to media let me know too.
we have got only the ones on this thread till now. i am hoping few others may also send. there were many people who volunteered to write by sending me a response PM.
i want to wait for some time and see the different topics covered and decide the media outlets based on that.
if you/anyone has some good suggestions of sending these op-eds to media let me know too.
more...
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milind70
07-11 10:41 AM
GREAT NEWS...
but why is USCIS website not showing Aug bulletin ?
The reason for this is that Mumbai is 12 hours ahead in time of US. Please wait till today evening , the same will be reflected on DOS website. We have seen before that the VB bulletin cut off dates released earlier on US consulate websites in India than on the DOS websites in US
but why is USCIS website not showing Aug bulletin ?
The reason for this is that Mumbai is 12 hours ahead in time of US. Please wait till today evening , the same will be reflected on DOS website. We have seen before that the VB bulletin cut off dates released earlier on US consulate websites in India than on the DOS websites in US
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u.misc
12-11 11:49 AM
Looks like they are changing the spillover rules again from Horizontal to Vertical this is bad news for EB2 I
Pardon my ignorance.... Can you enlighten me as how Vertical and Horizontal spillover works ? What exactly happens in Vertical spillover and how is it different from horizontal.
Pardon my ignorance.... Can you enlighten me as how Vertical and Horizontal spillover works ? What exactly happens in Vertical spillover and how is it different from horizontal.
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lonedesi
07-11 08:49 AM
I congratulate everyone whoes PD becomes current beginning of next month. But be aware that all of this is no good until USCIS acts on it. USCIS has to match and increase their pace of processing I-140 & I-485s for people to benefit of this movement. There are thousands of people whose PD have been current since April of this year and still they see no movement on their cases. PD becoming current is just the first & crucial step in this long process, but now it all depends on how well USCIS responds by processing cases in FIFO manner.
pappu
08-09 10:30 AM
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. T
JH
Thanks. I sent you a PM regarding this.
JH
Thanks. I sent you a PM regarding this.
wandmaker
10-24 04:00 PM
ItIsNotFunny:
I have sent out the email and couple of my friends will also do the same. Good intiative, much appreciated.
I have sent out the email and couple of my friends will also do the same. Good intiative, much appreciated.
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