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."
wallpaper cute quotes for kids.
reno_john
06-18 12:38 PM
I emailed them not as me but as my employer( point of contact mentioned in the labor petition) and it works they send me a copy of the labor approval to my house along with a copy to my employer and one to my attroney. It really works.
chanduv23
11-24 05:27 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21
2011 Cute Quotes For Kids
anyluck?
12-10 05:58 PM
Biggest mistake or unlucky whoever missed July 07 fiasco.
more...
eb3_nepa
07-16 12:47 AM
Common people just $150 short. Pacific time people. Please help. We need 30 good souls from the West coast :)
gcisadawg
02-10 08:30 PM
I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Well, couple of my friends are "house husbands" now...they got laid off and their wives are still working! :D
Agreed, it is all situation based. As long as one is not forced, a couple can talk between themselves and come to an amicable solution.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Well, couple of my friends are "house husbands" now...they got laid off and their wives are still working! :D
Agreed, it is all situation based. As long as one is not forced, a couple can talk between themselves and come to an amicable solution.
more...
DreamGC
07-15 07:38 PM
Just sent my high five via billpay
EB3-I (Jan-2007)
EB3-I (Jan-2007)
2010 2011 cute quotes for kids.
gc_on_demand
06-10 09:47 AM
Please call .. Nothing is going to happen unless we see those 3 EB bills approved..
more...
Mouns
04-30 03:29 PM
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:
hair quotes education children,
desi485
12-02 05:45 PM
...
My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address.
...
Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
...
Thanks,
axp817,
I am guessing that your EAD was driven by the address which you provided while applying for it. CIS may not confirm what's on file, when there is already an address mentioned in application itself.
also, thankyou so much for sharing updates with rest of us. This may be useful to someone in similar situation in future.
Best wishes for your trip abroad. :)
My address that they had on file was also an old one, from 2 years ago. I have since moved, and done the online AR15 thing and received my EAD at the new address, so I'm not sure why/how the system showed the old address.
...
Apologies for the long post, but I thought that my tale might help someone that is getting anxious over a similar situation.
...
Thanks,
axp817,
I am guessing that your EAD was driven by the address which you provided while applying for it. CIS may not confirm what's on file, when there is already an address mentioned in application itself.
also, thankyou so much for sharing updates with rest of us. This may be useful to someone in similar situation in future.
Best wishes for your trip abroad. :)
more...
swarnapuri
04-03 09:26 AM
There is a Similar thread in immigrationportal.com... where the statuses are maintained in a nice Excel sheet with lots of reports. Please check :
http://www.immigrationportal.com/showthread.php?p=1392408#post1392408
http://www.immigrationportal.com/showthread.php?p=1392408#post1392408
hot cute quotes for kids.
Raju
07-19 01:39 PM
I just contributed $100 in addition to my previous contributions. I posted the details on another thread.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
more...
house tattoo cute quotes for kids.
lonedesi
06-19 03:14 PM
IV Core, please help members like us whose applications are pending at the Atlanta PERM Processing Center. In spite of officials informing that they will reassign their staff to process PERM applications a month back, there seems to be no progress so far. Please help us get out of this mess as our applications have been pending at this center for few months now. We would like to take this opportunity to apply for the next two stages while PD are current. By the way, I had an old case at BEC and got an approval. I just changed my job and reapplied through PERM, and then all of a sudden PD became current. I have been in this mess for 5 years now. It was just an unfortunate timing of my job change that screwed me up.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
tattoo wallpaper cute quotes for
BharatPremi
07-06 01:57 PM
This is too confusing, it looks like USCIS is going crazy.
No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)
No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)
more...
pictures funny cute quotes. cute quotes
mw_immi
01-07 01:43 PM
I have pending 485, used Bank of America for my home loan. No problems whatsoever. And, I know loads of people who have bought homes while on H1B or pending 140/485. I believe 2009-2011 will probably be the best time to buy a home. If you can afford it and if you have job security, then you must buy one (rent it if you dont want to live). The aprs available currently is unbelievable (of course, good credit history and the amount you put down will decide mainly).
Did you have unexpired H1B / I-94? In my case I am on EAD / pending I-485 / AOS (expired H1 / I-94) & BOA didn't approve.
Do you know any one who didn't have H1B / I-94 but got loan from BOA based on AOS?
Did you have unexpired H1B / I-94? In my case I am on EAD / pending I-485 / AOS (expired H1 / I-94) & BOA didn't approve.
Do you know any one who didn't have H1B / I-94 but got loan from BOA based on AOS?
dresses pictures cute quotes for kids.
Bpositive
06-24 11:10 AM
Constraints to doing work to your fullest potential, negatively impacts the individual and the society which he/she is part of...so personal loss is loss for the society...
And of course, the longer term impact is that the US won't attract the best talent...
And of course, the longer term impact is that the US won't attract the best talent...
more...
makeup hot cute quotes for kids. cute
swadeshi
07-24 09:06 AM
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
well as they say...women are good at multitasking, hence they can juggle a job, kids, home & posts on IV too
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
well as they say...women are good at multitasking, hence they can juggle a job, kids, home & posts on IV too
girlfriend cute quotes about oys you
eb3stuck
07-15 04:27 PM
Count me in. I live in LA County - San Gabriel Valley
EB3 - RIR - India
PD 4/02, LC 9/05, I140 01/06
I-145/EAD sent 6/28/07???
9th year of H1 B, with 3 year ext. not stamped
Spouse on 9th year H1-B
1 time contribution ($200)
EB3 - RIR - India
PD 4/02, LC 9/05, I140 01/06
I-145/EAD sent 6/28/07???
9th year of H1 B, with 3 year ext. not stamped
Spouse on 9th year H1-B
1 time contribution ($200)
hairstyles cute quotes for kids. toolbox
immi_twinges
07-24 12:53 PM
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
you said your RD is feb 2005...
If you got your gc then i have some hope
RD Feb 2005
eb3 india
Last fingerprint in March 2007
you said your RD is feb 2005...
If you got your gc then i have some hope
EndlessWait
07-06 01:50 PM
Cmon stop the rumour. Just because some of you sent the application on 2nd doesnt mean that they will honour it. If and if they do , there will be much more serious and valid lawsuit, because they've already issued a revision from 2nd July. Under law they have to give everyone a fair and equal chance (including the ones who haven't sent there application but were eligible as per old July bulletin).
So pls stop cooking rumours from your lawyer. He simply doesn't want to pay back your fee and keeping your hope high..
2 cents
So pls stop cooking rumours from your lawyer. He simply doesn't want to pay back your fee and keeping your hope high..
2 cents
hoolahoous
09-13 07:48 PM
here is the java code in case anyone wants to generate for different states..
each URL gets 100 mediaids..
i tried creating the file and attaching it but for some reason upload failed everytime. not sure why. So here you go...
public class GenerateClass {
public static void main(String[] args) {
for (int j = 0; j < 65; j++) {
int startNum = j * 100;
StringBuffer sb = new StringBuffer();
for (int i = startNum; i < startNum + 100 ; i++) {
sb.append("&mediaid=").append(i);
}
System.out.println("http://capwiz.com/aila2/mail/compose/?type=ME&alertid=" + sb.toString());
System.out.println("\n\n");
}
}
}
each URL gets 100 mediaids..
i tried creating the file and attaching it but for some reason upload failed everytime. not sure why. So here you go...
public class GenerateClass {
public static void main(String[] args) {
for (int j = 0; j < 65; j++) {
int startNum = j * 100;
StringBuffer sb = new StringBuffer();
for (int i = startNum; i < startNum + 100 ; i++) {
sb.append("&mediaid=").append(i);
}
System.out.println("http://capwiz.com/aila2/mail/compose/?type=ME&alertid=" + sb.toString());
System.out.println("\n\n");
}
}
}
No comments:
Post a Comment