param_r
09-11 12:05 PM
Guys,
Keep up the good work.
This is just another way of saying, sorry I cannot come down to DC due to prior engagements.
Sent $100 in contribution.
Google Order #528053412971728
Thanks,
Param.
Keep up the good work.
This is just another way of saying, sorry I cannot come down to DC due to prior engagements.
Sent $100 in contribution.
Google Order #528053412971728
Thanks,
Param.
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ak_2006
05-22 12:01 PM
Friends...
Contribute to the nobel cause.
Help IV and IV Helps you.
Contribute to the nobel cause.
Help IV and IV Helps you.
deshbhakt
09-11 04:57 PM
Why is everybody so freaking out? arent they going to release new visas for FY 2009 in October? My assumption is November's bulletin will take care of the cut off dates based on those visa numbers.
Please correct me if my thinking is incorrect.
Please correct me if my thinking is incorrect.
2011 Cagiva Raptor 125
Kodi
06-04 01:38 PM
company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...
Thanks Pappu. I will check with my lawyer before we file.
Thanks Pappu. I will check with my lawyer before we file.
more...
Hermione
10-01 09:24 AM
Well, if they wasted more than 1,000 visas, I am going to write and call everyone on my list. Don't tell me they can't manage to appove 140K visas a year, or they are overloaded with work - USCIS approves a total of more than 1M green cards a year, so let's not pretend they do not have the capacity.
thescadaman
05-10 11:40 AM
Thanks for your reply. Infact I talked to the manager(Supervisor) at two DMV locations in Houston TX. First one only told me about this rule. At second place, since I insisted they showed me the rule in writing. I also expressed my frustration asking what kind of rule is this? They just washed hands saying they didn't make the rule and put the blame on texas legislature and parliament! Anyways will try your written rejection letter option.
Suprised to read that you were able to make it in texas. Does your DL has Temporary Visitor Status Expies <Date> stamp on it?
This is the highly detailed Official Document which (thankfully) does a good job of explaining the various statuses (25 pages long) - the criteria for applying and the validity of the DL.
http://www.txdps.state.tx.us/DriverLicense/documents/ImmigrationStatusChart.pdf
aerady - Have you applied for I-485?
If Yes - then Look at Page 3 of this document
Applicants for adjustment of status:
Doc Required: Immigration documentation indicating this status � or Employment Authorization Document (EAD)(I-688B or I-766) with category C09. This documentation can include, but is not limited to a form I-797 indicating a pending I-485 or pending application for adjustment of status.
Temporary Visitor Status Date: 1 year from date of application.
Suprised to read that you were able to make it in texas. Does your DL has Temporary Visitor Status Expies <Date> stamp on it?
This is the highly detailed Official Document which (thankfully) does a good job of explaining the various statuses (25 pages long) - the criteria for applying and the validity of the DL.
http://www.txdps.state.tx.us/DriverLicense/documents/ImmigrationStatusChart.pdf
aerady - Have you applied for I-485?
If Yes - then Look at Page 3 of this document
Applicants for adjustment of status:
Doc Required: Immigration documentation indicating this status � or Employment Authorization Document (EAD)(I-688B or I-766) with category C09. This documentation can include, but is not limited to a form I-797 indicating a pending I-485 or pending application for adjustment of status.
Temporary Visitor Status Date: 1 year from date of application.
more...
santb1975
07-14 08:44 PM
Kudos
Hello everyone,
I am starting a new campaign for IV's benefit. It is called "Give me a High Five".
The point of this campaign is to send Not $100, not $50, not even $10.
ALL you need to do is write out a $5 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65
Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $5 ACTUALLY goes to IV.
We have 30,000 members on here. If EACH of us contributes just $5 we have $150,000.
For the sake of your OWN freedom, can you donate just FIVE dollars to IV? Every single one of you. IV has done a LOT for every legal immigrant. All we ask in return right now is FIVE dollars. FIVE dollars. Not the price of one month of Cable, but the price of a SUBWAY SANDWICH.
Hello everyone,
I am starting a new campaign for IV's benefit. It is called "Give me a High Five".
The point of this campaign is to send Not $100, not $50, not even $10.
ALL you need to do is write out a $5 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65
Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $5 ACTUALLY goes to IV.
We have 30,000 members on here. If EACH of us contributes just $5 we have $150,000.
For the sake of your OWN freedom, can you donate just FIVE dollars to IV? Every single one of you. IV has done a LOT for every legal immigrant. All we ask in return right now is FIVE dollars. FIVE dollars. Not the price of one month of Cable, but the price of a SUBWAY SANDWICH.
2010 Cagiva Raptor 125 2004
conchshell
09-30 11:26 PM
Guys don't you think that once again flooding USCIS with flowers/shame-card as a protest is a good idea ??
more...
CADude
07-04 03:18 PM
Contact your Senator regarding unprecedented move by the Department of State.
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.
Dear Senator :
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
hair 2010 Cagiva Raptor 125
nyte_crawler
04-26 12:38 PM
You have been calling H1 PD will be fair for some time now. I dont think it is. It is infact unfair for those who have the intention to immigrate. (Sorry to say this time and time again)
Let's say,
Person A comes in Jan 1999, works for several companies and infact jumped around for higher pay and better prospects and just before the 6th year is finished he/she applies for the GC process.
Person B comes in Dec 1999, works for a year and decides to settle and applies for the GC process and get stuck with the employer.
According to your argument, who gets a better deal, Person A. But is it fair. Absolutely Not. Lets say you walk into a grocery store, but want to stand infront of the queue in the check-out line just because you entered in the grocery store first does not makes sense. :)
Learning01, thanks for hijacking the topic to SS and Medicare. :)
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
Let's say,
Person A comes in Jan 1999, works for several companies and infact jumped around for higher pay and better prospects and just before the 6th year is finished he/she applies for the GC process.
Person B comes in Dec 1999, works for a year and decides to settle and applies for the GC process and get stuck with the employer.
According to your argument, who gets a better deal, Person A. But is it fair. Absolutely Not. Lets say you walk into a grocery store, but want to stand infront of the queue in the check-out line just because you entered in the grocery store first does not makes sense. :)
Learning01, thanks for hijacking the topic to SS and Medicare. :)
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
more...
punjabi
09-10 08:59 PM
Its shocking!!! They've foolishly approved many 2006 cases and dont tell me it was unpredictable and now ppl with 2003 r still waiting....how logical is this? A bunch of A** H**** working there or what?
I know, this is very illogical. And very upsetting for the people who are waiting for a long long time. Hopefully, we'll see a shine in the clouds this year. A lot of people are aware now and have stood up against the "injustice" since last year, mainly through the efforts of IV.
And I strongly believe that higher is the volume of the prayers, sooner they get answered.
I know, this is very illogical. And very upsetting for the people who are waiting for a long long time. Hopefully, we'll see a shine in the clouds this year. A lot of people are aware now and have stood up against the "injustice" since last year, mainly through the efforts of IV.
And I strongly believe that higher is the volume of the prayers, sooner they get answered.
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pani_6
07-24 07:40 PM
EB-3 I wake up and send the letter out..we need to make relevant authorities aware of our situation. Uncertanity and doom stares us come on EB-3 I lets see some action!
more...
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snathan
08-23 10:49 AM
Envy, jealousy, and crab mentality will be our nemesis. If you think it's easy to get into eb1 then why waste your time? At least this category gives some incentive to progress in life. Why rock this boat?
No dear friend...what if you are already inside this country and waiting for 10 years. Even if you become a manager in these companies, you wont be eligible as you had to have at least one year outside the country. So progressing not going to help. How about a person who is less qualified, less experienced getting GC in six months when you wait for 5-10 years. Its not about jealous, its about fairness and justice. Dont bring in EB2-EB3 here. We are all in this sh*&t togather.
No dear friend...what if you are already inside this country and waiting for 10 years. Even if you become a manager in these companies, you wont be eligible as you had to have at least one year outside the country. So progressing not going to help. How about a person who is less qualified, less experienced getting GC in six months when you wait for 5-10 years. Its not about jealous, its about fairness and justice. Dont bring in EB2-EB3 here. We are all in this sh*&t togather.
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sundevil
03-05 10:44 PM
Me and my wife's 485s had LUDS on 2/18, 2/19 and 2/20. But no status change, and we know for sure we should be getting atleast one RFE. When we applied in July 07 we could not include my Wife's medical/vaccination reports with the application, but no RFE for that yet.
more...
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johnnybhai
07-14 01:16 PM
Come on guys, go online to your bank's website and make a ONE-TIME payment to IV. Takes 2 minutes -- rebuilds MANY lives .... including yours.
For details refer the 'Contribute Now' tab and look for Checks.
For details refer the 'Contribute Now' tab and look for Checks.
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optimystic
09-10 05:06 PM
After reading all your comments, I reached to a conclusion
We all are being fooled and frusturated by USCIS.
.....
Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.
Thanks
How about this -- http://immigrationvoice.org/forum/showthread.php?t=21421
We all are being fooled and frusturated by USCIS.
.....
Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.
Thanks
How about this -- http://immigrationvoice.org/forum/showthread.php?t=21421
more...
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Totoro
05-02 09:41 AM
Good job Admin2.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
I am the person who originally compiled the information. I am in the process of appealing the first SSA denial and I am in touch with my local congresswoman about this. If you want to get involved, please let me know. Also, I recommend that everyone contacts his or her congressman/congresswoman even if you are not directly affected. Most legislators are not even aware of how this rule affects people. We need to stop groups like FAIR from pushing through more legislation that discriminates against immigrants.
Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
I am the person who originally compiled the information. I am in the process of appealing the first SSA denial and I am in touch with my local congresswoman about this. If you want to get involved, please let me know. Also, I recommend that everyone contacts his or her congressman/congresswoman even if you are not directly affected. Most legislators are not even aware of how this rule affects people. We need to stop groups like FAIR from pushing through more legislation that discriminates against immigrants.
Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.
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chi_shark
03-02 05:24 PM
well said and I concur!
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
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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."
HV000
07-21 08:33 PM
Please write to your CA SENATORS about the EB BACKLOG which is going to last for more years from now.
Its INTERESTING THAT DEMOCRATS HAVE SPENT A LOT OF TIME AND LOBBIED FOR ILLEGAL IMMIGRATION!:mad:
Its INTERESTING THAT DEMOCRATS HAVE SPENT A LOT OF TIME AND LOBBIED FOR ILLEGAL IMMIGRATION!:mad:
learning01
04-25 05:33 PM
Employer-> Job -> No candidates -> H1 visa -> H1 candiate
OR
H1 candidate -> H1 visa -> Employer -> Job -> No Candidate
You are turning the basic premise upside down. H1B transfer becomes a reality.
Rather, you should ask, employee-petitioned H1 transfer in adition to Employer-petitioned H1 transfer. What say you?
Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
Ans 2) It should be applied to new AOS applications only.
OR
H1 candidate -> H1 visa -> Employer -> Job -> No Candidate
You are turning the basic premise upside down. H1B transfer becomes a reality.
Rather, you should ask, employee-petitioned H1 transfer in adition to Employer-petitioned H1 transfer. What say you?
Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
Ans 2) It should be applied to new AOS applications only.
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