I_need_GC
02-28 02:01 PM
Heres the dates just as an fyi.
Filed AP: July 26,08
RD: Aug 16, 08
Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.
If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.
Filed AP: July 26,08
RD: Aug 16, 08
Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.
If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.
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Jimi_Hendrix
11-16 06:12 PM
Hi everyone,
I would like to have a conference call this Sunday between 3pm-3:30 pm. Please tell me if this will work out for you all? Please shoot me an e-mail at amitg_2000@hotmail.com with your availability, your phone number and most accessed e-mail account.
Once everyone confirms I will forward some discussion points for the call.
I look foward to hearing back from you.
Thanks,
JH
I would like to have a conference call this Sunday between 3pm-3:30 pm. Please tell me if this will work out for you all? Please shoot me an e-mail at amitg_2000@hotmail.com with your availability, your phone number and most accessed e-mail account.
Once everyone confirms I will forward some discussion points for the call.
I look foward to hearing back from you.
Thanks,
JH
desi485
11-14 06:09 PM
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Chandu, also see this link about cancellation of employment authorisation.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8
� 274a.14 Termination of employment authorization.
(a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:
(i) The expiration date specified by the Service on the employment authorization document is reached;
(ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or
(iii) The alien is granted voluntary departure.
(2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.
However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.
(b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:
(i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or
(ii) Upon a showing that the information contained in the application is not true and correct.
(2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.
(c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.
(2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).
(3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.
[52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
Chandu, also see this link about cancellation of employment authorisation.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8
� 274a.14 Termination of employment authorization.
(a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:
(i) The expiration date specified by the Service on the employment authorization document is reached;
(ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or
(iii) The alien is granted voluntary departure.
(2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.
However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.
(b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:
(i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or
(ii) Upon a showing that the information contained in the application is not true and correct.
(2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.
(c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.
(2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).
(3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.
[52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]
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eb3_nepa
12-18 04:05 PM
If we start the fasting and rallying the American people will view it as nothing but "Countries of the East" sending their millions to other countries to show their strength in numbers.
Another thing. There was a suggestion of starting "free coaching classes" for kids as a volunteer service. Excellent Idea IFFF AND ONLY IFFF we are doing it With the actual intent of providing education to the under-privileged. Otherwise, once immigrants' voices are heard, and relief comes through, guess what will happen? These coaching classes will stop dead in their tracks. This will attract NEGATIVE publicity sending a message that the so called "Volunteer Effort" was nothing but a PUBLICITY STUNT.
Another thing. There was a suggestion of starting "free coaching classes" for kids as a volunteer service. Excellent Idea IFFF AND ONLY IFFF we are doing it With the actual intent of providing education to the under-privileged. Otherwise, once immigrants' voices are heard, and relief comes through, guess what will happen? These coaching classes will stop dead in their tracks. This will attract NEGATIVE publicity sending a message that the so called "Volunteer Effort" was nothing but a PUBLICITY STUNT.
more...
eb3_nepa
07-15 09:25 AM
New Day today.
Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.
Also let us remember to update our signatures and include a link to this thread.
Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.
Also let us remember to update our signatures and include a link to this thread.
hopefullegalimmigrant
01-07 04:19 PM
I am going to use AP as my backup> I will be going in for H stamping in India
more...
gctoget
08-03 03:51 PM
bunp
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desi485
11-18 03:50 PM
We must also step forward and work towards resolving other things
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
more...
gcrich
07-18 02:26 PM
Hello
I have made my first contribution of $100
Google:867468246130567
Thanks
Greater Richmond
I have made my first contribution of $100
Google:867468246130567
Thanks
Greater Richmond
hair Marilyn Monroe Pop Art PSP
himu73
09-10 01:49 PM
contributed 100$. All the best for the rally
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vik352
08-13 05:05 PM
EB2 requires Masters or 5 years of experience. For those waiting in the queue for more than 5 years should automatically qualify for EB2 because they have 5 years of experience. I dont care the fine wording that says the job needs Masters or 5 years of experience. We should push lawmakers for this option to reduce the huge backlog. What do others think of this option and start a campaign for it?
hot broken glass wallpaper.
sanju
04-30 04:17 PM
Do I have legal broadcasting rights of uploading this for public viewing?
Rather, is it legal to do this?
if not i can send it to your gmail...
This is a public meeting of lawmakers paid for by the taxpayers. If you like, you could upload the video on YouTube without hesitation. There is no copyright violation in posting the Judiciary subcommittee hearing video.
Rather, is it legal to do this?
if not i can send it to your gmail...
This is a public meeting of lawmakers paid for by the taxpayers. If you like, you could upload the video on YouTube without hesitation. There is no copyright violation in posting the Judiciary subcommittee hearing video.
more...
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Macaca
09-15 08:24 AM
Legal Immigrants `Stuck' as U.S. Agencies Struggle With Backlog (http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aJxl3j_vmv7Y) By Nicholas Johnston (njohnston3@bloomberg.net) | Bloomberg, June 7, 2006
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ind_game
05-15 10:09 AM
There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.
Trust me your frustration is understandable......
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
Trust me your frustration is understandable......
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
more...
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tinamatthew
07-24 12:03 PM
my own guess..with all these random approvals and stuff happening i am guessing that the PD for eb3 india would be in late 2003 (dec 2003) or early 2004 like jan/feb 2004...
Let's hope for the best
Let's hope for the best
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rongha_2000
04-30 03:34 PM
And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:
OK so here it is, it will get 2 years before the backlogs due to the surge clear and to get back to normal... :mad:
OK so here it is, it will get 2 years before the backlogs due to the surge clear and to get back to normal... :mad:
more...
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wandmaker
06-10 09:47 AM
Let us focus our energy now in action items as we have the ACTUAL DATES as B&W.
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GayatriS
01-05 08:22 PM
I don't think there are contradictions. I have read his Businessweek articles. He is researching ways for America to remain competetive and believes that skilled immigrants who get permanent residence are the key.
Listen to the last minute of the video and you will see what his message is.
Listen to the last minute of the video and you will see what his message is.
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yabadaba
07-11 02:29 PM
Actually - I went to Cambridge High!! I cannot believe you missed that one!! What about Modern High?
cambridge high is a mallu school :D
cambridge high is a mallu school :D
h1techSlave
10-01 10:24 AM
[FONT="Microsoft Sans Serif"]
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Thanks to Macaca, now we know that during the previous years some of the unused EB visas were effectively used for Family based GCs.
My question (and suggestion) is, can the reverse happen in 2007-2008?
I know, this is an opportunistic and shameless suggestion from my part. But the fact of the matter is, we are rightfully entitled to the same number of visa numbers that we effectively 'loaned' to the FB visa category in the previous years.
What is important is that this sort of give and take can happen with out any law change. We only need to cry louder than FB folks, and USCIS may give unused FB visas to EB category.
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Thanks to Macaca, now we know that during the previous years some of the unused EB visas were effectively used for Family based GCs.
My question (and suggestion) is, can the reverse happen in 2007-2008?
I know, this is an opportunistic and shameless suggestion from my part. But the fact of the matter is, we are rightfully entitled to the same number of visa numbers that we effectively 'loaned' to the FB visa category in the previous years.
What is important is that this sort of give and take can happen with out any law change. We only need to cry louder than FB folks, and USCIS may give unused FB visas to EB category.
small2006
05-02 09:47 AM
:mad:
Don't just blurt something out of frustration without thinking twice before hitting the "Submit" button. We are all frustrated here when it comes to GC processing. In that sense we are all in the SAME BOAT. Be specific about the point you are trying to make instead of blanketing all H1B and GC aspirants so that its not confusing or misleading to others.
Well,If you think that it was a cheap attempt, then i belive you need tutoring in english first, i would have appreciated if you would have read the full documents first, if you are not in the same boat as others doesnot means that others are not, there are still many H1 holders whose spouse doesnot have a SSN and only ITIN, and i am not over or below quoting the statement made by IRS.
Please think twice before issuing any statements.
P.S- Thanks for Pointing that Title of a Thread is for writing autobiographies, I will keep that in mind,when you are around. :-)
Don't just blurt something out of frustration without thinking twice before hitting the "Submit" button. We are all frustrated here when it comes to GC processing. In that sense we are all in the SAME BOAT. Be specific about the point you are trying to make instead of blanketing all H1B and GC aspirants so that its not confusing or misleading to others.
Well,If you think that it was a cheap attempt, then i belive you need tutoring in english first, i would have appreciated if you would have read the full documents first, if you are not in the same boat as others doesnot means that others are not, there are still many H1 holders whose spouse doesnot have a SSN and only ITIN, and i am not over or below quoting the statement made by IRS.
Please think twice before issuing any statements.
P.S- Thanks for Pointing that Title of a Thread is for writing autobiographies, I will keep that in mind,when you are around. :-)
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