kittu1991
09-11 12:05 PM
Contributed $100 using google checkout.
Transaction Num: #705956299363142.
Transaction Num: #705956299363142.
wallpaper Funny Christmas Puppy
billu
06-29 09:01 AM
whats the latest on HR5924?.....any hopes of it being passed?....is there any hope for schedule A this year?????
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.
2011 I fix puppy so now he listen.
Milind123
09-16 10:06 AM
Thank you karan007, pvhemanth, zappy, dvrao4, lp2007 and permfiling for the contributions. I am so happy that we were able to conclude this round with the help of only the junior members. Some of you have not posted much. Obviously, you found lot of things on this site that piqued your interest. I appreciate the fact that you did not hesitate to pull the trigger. Because of you, we can close this round and move to the final round.
I hope the final round starts with a person who visits this site regularly, find helpful suggestions and tips, and is generally happy with things moving in the right direction and knows IV is an important part of this process. Even though he supports the rally, he cannot come because he probably lives on the west coast, but would have definitely attended the rally if he or she were working in NJ, MD, PA, VA or any other neighboring states. He doesn�t have many questions to ask, but once in a while she does have a quick question, but rejects that idea because of the process involved. She knows that a user id is required to post any questions.
I am taking about the guest users who were visiting this site at 3:30 AM EST last night. Unless you are in Hawaii, it was rather late for you, even on the West Coast. Obviously we have things in common, that�s why we are communicating (At least one way; I writing and you reading). We also would like to read what�s on your mind. So please consider becoming member and start this round by firing the first shot.
I hope the final round starts with a person who visits this site regularly, find helpful suggestions and tips, and is generally happy with things moving in the right direction and knows IV is an important part of this process. Even though he supports the rally, he cannot come because he probably lives on the west coast, but would have definitely attended the rally if he or she were working in NJ, MD, PA, VA or any other neighboring states. He doesn�t have many questions to ask, but once in a while she does have a quick question, but rejects that idea because of the process involved. She knows that a user id is required to post any questions.
I am taking about the guest users who were visiting this site at 3:30 AM EST last night. Unless you are in Hawaii, it was rather late for you, even on the West Coast. Obviously we have things in common, that�s why we are communicating (At least one way; I writing and you reading). We also would like to read what�s on your mind. So please consider becoming member and start this round by firing the first shot.
more...
chanduv23
05-18 04:33 PM
Hi Chanduv23,
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
farhad
08-20 02:13 AM
Unfortunately, there isn't a fast lane for nurses. If your PD is April 31, 2007, my advise to you is to monitor the monthly Visa Bulletin and once your PD becomes current, you will know that it is just a few months ahead. For now, with the current turn of events, without the fast lane for nurses, you are looking at two years of waiting.
tnx for the grade information
does it takes 2 years for I-140 to be approved?! my gush! or its included the CP? then can you tell me what is the diff between I-485 and CP? and which one is runnig faster?
tnx for the grade information
does it takes 2 years for I-140 to be approved?! my gush! or its included the CP? then can you tell me what is the diff between I-485 and CP? and which one is runnig faster?
more...
psaxena
06-11 03:19 PM
seriously , I have seen a couple of people who day dream unrealistic thing and for some time
thinks thats true. This normally happens, when you normally facing a lot of negative things then your mind things of all the good things,( in your shit load of money on stocks and investments). This actually helps keeping one out of depression in the illusional state. but unfortunately fact is fact.
As far as I know, I am pretty aggressive in investment and I am getting @15% right now.. which too in a very unconventional ways.. by investing in forex and start ups with a risk of loosing nearly 80% of the investment in a day. when you 100K-200K and get returns like 100k.. dude that 100%-50% investment.. please let me know where can I do that.
I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
thinks thats true. This normally happens, when you normally facing a lot of negative things then your mind things of all the good things,( in your shit load of money on stocks and investments). This actually helps keeping one out of depression in the illusional state. but unfortunately fact is fact.
As far as I know, I am pretty aggressive in investment and I am getting @15% right now.. which too in a very unconventional ways.. by investing in forex and start ups with a risk of loosing nearly 80% of the investment in a day. when you 100K-200K and get returns like 100k.. dude that 100%-50% investment.. please let me know where can I do that.
I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
2010 chihuahuacutefunnypuppy
s_r_e_e
08-14 11:45 AM
Dear IV,
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
i believe IV leadership has mentioned many times that 'more visa numbers' is the only solution to this mess. Which can be only done by changes in law.When IV planned some thing for it (recapture bill phone call campaign) the participation was not great.
I wonder, every one running like headless chicken solves any thing.
what demand are you planning to put forward with this new flower/other campaign?
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
i believe IV leadership has mentioned many times that 'more visa numbers' is the only solution to this mess. Which can be only done by changes in law.When IV planned some thing for it (recapture bill phone call campaign) the participation was not great.
I wonder, every one running like headless chicken solves any thing.
what demand are you planning to put forward with this new flower/other campaign?
more...
Ann Ruben
05-14 04:53 PM
I believe so. I assume that USCIS eventually sends a letter acknowledging the revocation, but I don't know for sure.
hair Guilty Puppy
smmakani
04-14 02:39 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I never heard this before. I got the 3 year extension after 6 years but I never submitted copy of Driving License. I don't think the extension has anything to do with Driving license expiry date. The extension effective date starts from your previous H1B expiry date.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I never heard this before. I got the 3 year extension after 6 years but I never submitted copy of Driving License. I don't think the extension has anything to do with Driving license expiry date. The extension effective date starts from your previous H1B expiry date.
more...
santb1975
05-22 03:12 PM
This thread is mostly being bumped without contributions today :confused:
hot and puppies.
eb2_immigrant
03-05 03:39 PM
We had soft LUD on our cases as well, for both my wife and me. Hope it will be all good. My Atty mailed the application on 6/31 and it was receipted on 09/07/07.
Where us your application at ? TSC or NSC?
Where us your application at ? TSC or NSC?
more...
house funny puppy pictures.
jai_immigration
10-21 06:46 PM
Folks I sent email to this address as stated "uscis-complaint@dhs.gov", got bounced back saying it as a wrong email. Does nay one know the correct email to send USCIS complaints to?
"USCIS-COMPLAINT" <uscis-complaint@dhs.gov>
You have emailed an inactive account.
If you are inquiring about the status of documentation you have filed with USCIS, or have a complaint relating generally to the nature of the customer service you have been provided by USCIS, please use our National Customer Service phone number 1-800-375-5283 or visit our website at www.uscis.gov.
If you are a CIS employee and wish to file a complaint regarding credible allegations of criminal misconduct or of very serious misconduct by a USCIS employee, guidance can be found online at htttp://osi.uscis.dhs.gov/. Credible allegations of minor but significant misconduct should be reported directly to the office where you believe they may have occured.
"USCIS-COMPLAINT" <uscis-complaint@dhs.gov>
You have emailed an inactive account.
If you are inquiring about the status of documentation you have filed with USCIS, or have a complaint relating generally to the nature of the customer service you have been provided by USCIS, please use our National Customer Service phone number 1-800-375-5283 or visit our website at www.uscis.gov.
If you are a CIS employee and wish to file a complaint regarding credible allegations of criminal misconduct or of very serious misconduct by a USCIS employee, guidance can be found online at htttp://osi.uscis.dhs.gov/. Credible allegations of minor but significant misconduct should be reported directly to the office where you believe they may have occured.
tattoo funny puppies and dogs.
Amma
09-09 12:22 AM
Dear friends,
Contributed $ 300 today via google .
Keep going IV.
Amma
Contributed $ 300 today via google .
Keep going IV.
Amma
more...
pictures funny puppies and dogs.
andy007
07-17 11:59 PM
Once they accept I-485 in the system then they give us a Receipt#, with that Receipt we can file for EAD / AP (as long as your PD becomes available) then they will process your I-485, Just thinking.. what do you say guys ... Please lete me know.. Receipt Date Vs Visa Number ...
Thanks
Thanks
dresses funny dog pictures
gc_on_demand
04-30 04:00 PM
I have the Real video recording for the last 23:45 minutes of the session...
Let me know if someone wants it... its about 6MB in size...
can you please upload somewhere so people like me who missed this show can see it. Lawer RON mentioned this morning that it will upset stomach. If want to be sick then see such a show.. I dont care if I become sick let me watch for fun.. A comedy show...
Let me know if someone wants it... its about 6MB in size...
can you please upload somewhere so people like me who missed this show can see it. Lawer RON mentioned this morning that it will upset stomach. If want to be sick then see such a show.. I dont care if I become sick let me watch for fun.. A comedy show...
more...
makeup random but cool pics -
drona
07-30 12:45 PM
gctoget, we are actually 39 members now. 24 is the new members that have joined since a week back. If you look at the members section on our yahoo groups we have more. Keep joining folks, we have become very active.
girlfriend Funny Pic of the Day
sweet23guyin
10-01 11:39 AM
I am not as articulate as other posters in understanding/explaining recaputre, unused visa#, loaning visa# to FP......and so on. Reading all these post,I see every one are so frustated and every one want to do some thing and let USCIS know how imp these things are...but how:confused:...IDEA!!!...."FLOWERS".... I don't know why, but my long and short sense sayss....send some more flowerss again and again....
Message:
" Congratulation for not using the visa# for FY 2007, God bless USCIS"
Message:
" Congratulation for not using the visa# for FY 2007, God bless USCIS"
hairstyles Funny Puppies: cut, dog, funny
centaur
07-20 05:42 PM
Correct me if I am wrong, ---but I thought that "This Ammendment" was attached to a defence bill. I dont think that it was the ammendment that was shot down, but the whole defence bill.
belmontboy
05-13 11:05 PM
� I-140 filed 05/04/2007
� I-140 approved 09/04/2007.� I-485 filed on 07/02/2007.
� Changed jobs on 07/14//2008 (after 1 year of pending I-485)
� Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
� got I-485 denial notice on 02/18/2009
� filed MTR on 02/27/2009
� MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
� filed second MTR on 04/23/2009
� soft LUDs on the second MTR on 04/27/2009 and 04/28/2009
was ur first MTR denied in error?
as per you, your I-140 was never denied.
� I-140 approved 09/04/2007.� I-485 filed on 07/02/2007.
� Changed jobs on 07/14//2008 (after 1 year of pending I-485)
� Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
� got I-485 denial notice on 02/18/2009
� filed MTR on 02/27/2009
� MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
� filed second MTR on 04/23/2009
� soft LUDs on the second MTR on 04/27/2009 and 04/28/2009
was ur first MTR denied in error?
as per you, your I-140 was never denied.
sagis99
08-08 10:33 AM
FYI:
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
Here is a quote from an email i received from the Ombudsman's office:
"Our office is in fact at this time actively probing the I-140 situation you describe generally."
This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)
So maybe there's some hope here, who knows.
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