add78
05-22 04:03 PM
You are right, Ramesh, sadly people have time to check for Bill updates and get their spirits down with amendment removal news but no time to get more friends to join or contribute. Please wake up people and contribute, and persuade your friends / colleagues at work you know to join IV. I got a weird response (chat) from a close friend saying she would rather donate to Myanmar/ China victim that her own Immigration cause, but I haven't given up, I will try to persuade such friends even though that raised my B.P. Please, people who seek advice and answers, consider contributing first. Bump.
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rkotamurthy
12-28 06:21 PM
I just registered on this website today. I like the professionalism and commitment of the members on this forum. I would like to contribute to the efforts in promoting the cause. Please let me know any activities/campaings planned by So Cal members.
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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."
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yabadaba
01-02 11:48 AM
looks like some other orgs are referencing my oped for general information purposes
http://www.americas.org/item_30295
"This article was originally published by the sources above and is copyrighted by the sources above. We offer it here as an educational tool to increase understanding of global economics and social justice issues. We believe this is 'fair use' of copyrighted material as provided for in section 107 of the US Copyright Law. AMERICAS.ORG is a nonprofit Web site with the goal of educating and informing."
http://www.americas.org/item_30295
"This article was originally published by the sources above and is copyrighted by the sources above. We offer it here as an educational tool to increase understanding of global economics and social justice issues. We believe this is 'fair use' of copyrighted material as provided for in section 107 of the US Copyright Law. AMERICAS.ORG is a nonprofit Web site with the goal of educating and informing."
more...
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sanju
04-30 02:49 PM
Michael Aytes starts speaking - provides stats about how good USCIS is doing and how many people were processed/given green cards.
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JazzByTheBay
06-11 03:42 PM
Although I can think of better drinks, and Goa isn't what it used to be any more. :)
jazz
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.
jazz
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.
more...
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maddipati1
12-16 01:22 PM
one of my close friend grew from a regular programmer to the position of VP in the span of last 6 years. he is facing lot of issues with GC.
clearly mirage didn't mean growing to the position of exactly VP. he meant a higher and slightly different position, for example an IT Manager. It is not that uncommon, for a IT Progmr who works in the same company for 5-6 years, offered a Manager position.
desi, this is argument is going nowhere, ur intentions in the begining are good and i welcome ur critique, but leave it when recepeints aren't taking it. it became argument just for the sake of supporting ur argument.
BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.
clearly mirage didn't mean growing to the position of exactly VP. he meant a higher and slightly different position, for example an IT Manager. It is not that uncommon, for a IT Progmr who works in the same company for 5-6 years, offered a Manager position.
desi, this is argument is going nowhere, ur intentions in the begining are good and i welcome ur critique, but leave it when recepeints aren't taking it. it became argument just for the sake of supporting ur argument.
BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.
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qualified_trash
08-08 02:15 PM
and in some cases as long as 20-25 years, before he or she can even get a Green Card,
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
more...
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stucklabor
03-09 11:23 AM
Sen says: should make methods, process easy for employment authorization...
They have at least steered off the illegal immig issues for now...:)
Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?
They have at least steered off the illegal immig issues for now...:)
Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?
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anilsal
09-30 11:40 PM
My EB3 PD is Oct 2003. I-140 approved and I-485 ND is July24th.when can i expect to get the green card?. thanks in advance.
The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.
I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.
The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.
I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.
more...
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flthere
08-12 02:13 PM
I'd say that some small-medium companies either in India or the 50-50 US bodyshops will happily ask the prospective-H1b to pay up Rs. 1,00,000 towards Schumer's fees :D
Anyways, most of these bodyshops in US collect H1b fees from the applicants in India, right ?
Infy, TCS, Satyam etc., will hire more janitors to bring their H1b/L1 % in US :D Or even buyout janitorial services companies :)
Anyways, most of these bodyshops in US collect H1b fees from the applicants in India, right ?
Infy, TCS, Satyam etc., will hire more janitors to bring their H1b/L1 % in US :D Or even buyout janitorial services companies :)
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asanghi
04-30 02:35 PM
Somebody starts to speak.
more...
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Jaime
07-20 11:41 AM
Guys, don't be disappointed about the Cornyn amendment failing! Here's why:
There is a lot of noise already (thanks to IV generating it) about the injustices that we legals face, and the urgent need to reform the legal GC path. I am thinking that senators have heard our friend Zoe and are now realizing that such reform is needed and are now trying to determine how to best use or spin such a potential reform in their party's favor. Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.
What we REALLY NEED TO DO right now is support IV as much as we can, and continue to create noise and get our VOICE be heard, but we need to act as a group, as a team. Work together, be heard everywhere. Enough already with us being quiet, keeping our heads down while paying taxes and taking all the abuse! We will continue to be great citizens, meet all our duties and obligations, but this time we will ALSO BE HEARD! Let's go! We're strong! We can do this!!!!!
There is a lot of noise already (thanks to IV generating it) about the injustices that we legals face, and the urgent need to reform the legal GC path. I am thinking that senators have heard our friend Zoe and are now realizing that such reform is needed and are now trying to determine how to best use or spin such a potential reform in their party's favor. Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.
What we REALLY NEED TO DO right now is support IV as much as we can, and continue to create noise and get our VOICE be heard, but we need to act as a group, as a team. Work together, be heard everywhere. Enough already with us being quiet, keeping our heads down while paying taxes and taking all the abuse! We will continue to be great citizens, meet all our duties and obligations, but this time we will ALSO BE HEARD! Let's go! We're strong! We can do this!!!!!
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ganguteli
03-12 03:40 PM
I consider FOIA is a multifold success. Not only we achieved milestone 1 of $5K, we were successful enough to wake up members to do something after long time. Why do you think the very same members were sleeping? I don't believe IV Core was not doing anything in last few months but members always felt that there is no plan of action from IV. There is nothing worst could happen to us just by disclosing our plan of actions in controlled way like:
1. <<ABC>> is preparing document for final data information.
2. <<XYZ>> is evaluating other options how we could retrieve this information.
3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
4. <<MMM>> is working on funding drive for this.
There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.
My 2 cents.
I agree with you
1. <<ABC>> is preparing document for final data information.
2. <<XYZ>> is evaluating other options how we could retrieve this information.
3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
4. <<MMM>> is working on funding drive for this.
There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.
My 2 cents.
I agree with you
more...
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anna
11-06 05:45 AM
can u please tell me where did u read it jeniya?
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ramaonline
09-04 07:16 PM
H1 status ends once u start using EAD (This happens after u file I9 with employer) Once you start working using EAD card, you cannot maintain h1b status at the same time.
more...
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manish_jain99
09-10 04:46 PM
I won't be able to join the Rally in Washington but can contribute some money to the cause that binds us all.
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chanduv23
05-14 12:28 PM
Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
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ags123
03-07 01:36 AM
http://www.shusterman.com/
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
a1b2c3
09-10 12:39 PM
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
And then you must have also noticed that in Dec 07, it moved to Jan 1, 02.
Jan 00 in Jan 08, U in Feb-March and then April 03 in April 07.
With due respect, I don't think what you have observed really points to anything, either way.
Eventually, EB2-I will move forward, probably next April or so. And yes, this is all good old speculation, it doesn't mean anything really.
And then you must have also noticed that in Dec 07, it moved to Jan 1, 02.
Jan 00 in Jan 08, U in Feb-March and then April 03 in April 07.
With due respect, I don't think what you have observed really points to anything, either way.
Eventually, EB2-I will move forward, probably next April or so. And yes, this is all good old speculation, it doesn't mean anything really.
PD_Dec2002
06-02 10:12 PM
Canadian_Dream, I think your interpretation is wrong..
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
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