immm
07-18 06:13 PM
Now we can take the thread back to the original issue Order Of I-485 Processing.
Back to the original thread
With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month
So the question on the table is:
How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?
.
Back to the original thread
With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month
So the question on the table is:
How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?
.
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casinoroyale
03-18 10:49 AM
http://www.irs.gov/app/espc/
lazycis
11-20 01:11 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."
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."
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Jitamitra
09-09 03:54 PM
My contribution of $100.
Order Details - Sep 9, 2007 16:17 GMT-04:00
Google Order #505491856061236
Order Details - Sep 9, 2007 16:17 GMT-04:00
Google Order #505491856061236
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pappu
06-10 01:02 PM
Just to summarize what's going to happen with VB in final Quarter.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
pappu
08-02 10:01 PM
yabadaba , thanks a lot for the op-ed
i sent you a pm with some suggestions if you could add. Thank you also for posting it on the forum. other members can also read it and could make their op-ed different from this. you could edit your op-ed in your posting too if you change anything. Members you can post your op-eds too on the forum. You can PM me your name if you like to reveal, IV ID and email address (needed) and it can be added to your op-eds when it is submitted to media.
thanks again
i sent you a pm with some suggestions if you could add. Thank you also for posting it on the forum. other members can also read it and could make their op-ed different from this. you could edit your op-ed in your posting too if you change anything. Members you can post your op-eds too on the forum. You can PM me your name if you like to reveal, IV ID and email address (needed) and it can be added to your op-eds when it is submitted to media.
thanks again
more...
h1techSlave
07-06 10:53 AM
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
In 1040, we have a checkbox to contribute $3 towards presidential election contribution. If I check that box while in H1B, is that illegal?
Cheers,
h1techSlave
In 1040, we have a checkbox to contribute $3 towards presidential election contribution. If I check that box while in H1B, is that illegal?
Cheers,
h1techSlave
2010 escape fate logo. Issues Escape The Fate. Issues Escape The Fate. Marconelly
mohitb272
09-13 11:18 AM
Guys, I wont be able to make it to DC since I have a FP appointment on that date but I made my contribution of $100. Good luck!!!
Business Name:
Immigration Voice (The recipient of this payment is Verified)
Email:
donations@immigrationvoice.org
--------------------------------------------------------------------------------
Total Amount:
-$100.00 USD
--------------------------------------------------------------------------------
Item Amount:
$100.00 USD
Shipping:
$0.00 USD
Handling:
$0.00 USD
Quantity:
1
Item Title:
Contributions
Item Number:
Contributions
Date:
Sep. 13, 2007
Time:
08:37:31 PDT
Status:
Completed
Business Name:
Immigration Voice (The recipient of this payment is Verified)
Email:
donations@immigrationvoice.org
--------------------------------------------------------------------------------
Total Amount:
-$100.00 USD
--------------------------------------------------------------------------------
Item Amount:
$100.00 USD
Shipping:
$0.00 USD
Handling:
$0.00 USD
Quantity:
1
Item Title:
Contributions
Item Number:
Contributions
Date:
Sep. 13, 2007
Time:
08:37:31 PDT
Status:
Completed
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reddymjm
06-10 06:30 AM
cat India ROW
-------------------------
E3 Unavailable Unavailable
E2 1 April 2004 Current
source: http://mumbai.usconsulate.gov/cut_off_dates.html
-------------------------
E3 Unavailable Unavailable
E2 1 April 2004 Current
source: http://mumbai.usconsulate.gov/cut_off_dates.html
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vandanaverdia
09-13 07:16 PM
milind123...
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
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Edison99
10-22 09:52 AM
Thanks for nice info!
My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.
My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.
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Edison99
12-02 05:46 PM
Congrats 9years!!!!!!!!!!!!!!!!
Enjoy your freedom and welcome New Year joyfully…
I got an email saying that "On December 2, 2010, we ordered production of your new card" today. Me and my wife both got emails. Our wait (green in our life) for so many years came to a very happy end. My hearty wishes to all the friends who have been waiting in the queue to have best of luck.
Regards.
Enjoy your freedom and welcome New Year joyfully…
I got an email saying that "On December 2, 2010, we ordered production of your new card" today. Me and my wife both got emails. Our wait (green in our life) for so many years came to a very happy end. My hearty wishes to all the friends who have been waiting in the queue to have best of luck.
Regards.
more...
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Milind123
09-15 11:05 PM
One more shot people, so we can start the final 401K round. Only one person who thinks our efforts is not going to waste, Only one person who think the 10 year wait process is going to end, only one person who realizes the vision of IV is strong, only one person who knows contribution by members are a necessity in order to move thing in Washington send flowers, buy lobby time etc.
And only one person who can save the �o� on my keyboard.
And only one person who can save the �o� on my keyboard.
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rp0lol
07-11 11:59 AM
I read this in another thread... May be USCIS wants to collect more money for EAD renewals by moving eb2 date and issuing 1yr approval.
===========================
Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?
Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.
How will USCIS decide whether to issue an EAD valid for one or two years?
USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
==================
===========================
Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?
Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.
How will USCIS decide whether to issue an EAD valid for one or two years?
USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
==================
more...
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test101
07-05 02:50 PM
Not really, without a mass enquiry, it is useless. USCIS will simply return my package and then will have NO reference to go by. I was actually pushing quite hard for a Bigger enquiry.
post the phone number and what you actually told them, and i will call...
been calling senators all day.
post the phone number and what you actually told them, and i will call...
been calling senators all day.
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smuggymba
08-23 08:07 AM
Has this been implemented or will be implemented soon?
more...
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ragz4u
03-08 01:13 PM
Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration
Senator Coburn is asking for an amendment (#06175) expedited removal of Illegal aliens
Senator Kyl wants some barrier in certain cities of Arizona
Senator Coburn is asking for an amendment (#06175) expedited removal of Illegal aliens
Senator Kyl wants some barrier in certain cities of Arizona
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vkannan
02-23 06:22 PM
I just now talked to an IO and she said that last Friday the processing dates for NSC are all wrong and its a mistake. Those will be corrected soon in couple of days.
here we go again....looks like USCIS never learns by their mistakes.........anyways I feel Processing dates does not matter anyways for USCIS to process the applications..........
here we go again....looks like USCIS never learns by their mistakes.........anyways I feel Processing dates does not matter anyways for USCIS to process the applications..........
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ItIsNotFunny
10-22 02:54 PM
Hi,
I sent PM to 200 active senior members of forum requesting sending emails & mails.
Criteria used:
1. Has to have atleast one post after 1st Sep 2008.
2. Has to have atleast 200 posts.
I got very positive response from members saying either they already sent mails or planning to send very soon or over the weekend.
I sent PM to 200 active senior members of forum requesting sending emails & mails.
Criteria used:
1. Has to have atleast one post after 1st Sep 2008.
2. Has to have atleast 200 posts.
I got very positive response from members saying either they already sent mails or planning to send very soon or over the weekend.
amits
07-20 06:16 AM
Thanks a lot reachtoravi.
Please ask your friends to contribute as well. Lets strengthen our foundation to face upcoming challenges..
Donated one time $100 ...
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
Please ask your friends to contribute as well. Lets strengthen our foundation to face upcoming challenges..
Donated one time $100 ...
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
lc1978
09-10 11:59 AM
Google Order #208807257950866
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