raydon
08-05 07:28 PM
lonedesi,
Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.
Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.
wallpaper up for Toddlers and Tiaras
Ann Ruben
05-14 04:38 PM
There is no official process or filing fee. Attorneys generally represent both the employer and the employee. Because revoking the petition could harm the employee, a conflict of interest arises. Accordingly, most immigration attorneys would not want to be involved in assisting in the revocation of petitions.
EndlessWait
07-06 02:05 PM
My man,
Thats why you dont want this rumor to come true... ask your lawyer to sent it ASAP..
dude..i'm a straight guy..go find some other man....
and as much as i would like this rumour to come true (will create another lawsuit from 80% people who haven't filed).. i still wont give in...
finally..even if the lawsuit is filed..it would take years to settle by that time i hope and pray everyone gets to file..
Thats why you dont want this rumor to come true... ask your lawyer to sent it ASAP..
dude..i'm a straight guy..go find some other man....
and as much as i would like this rumour to come true (will create another lawsuit from 80% people who haven't filed).. i still wont give in...
finally..even if the lawsuit is filed..it would take years to settle by that time i hope and pray everyone gets to file..
2011 toddlers and tiaras before and
addsf345
11-13 08:21 PM
This contradicts with the fact that many reported on IV. Ron says that one can continue employment on EAD. EAD stays valid atleast till the legally allowed time to file for an appeal, and once you file appeal, it stays active till it adjudicated.
However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?
URL: http://boards.immigration.com/blog.php?b=34
AOS Pending, Should H-1 be Renewed by Rajiv S. Khanna
whether an H-1 should be renewed while the AOS is pending.
---------------------------------------
Bottomline - I think H-1 should be renewed.
A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:
One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.
Two, if your AOS were to be denied (even in error), you would have no way to work, because the EAD goes with the AOS. And since there is no appeal against AOS denial, only an MTR can be filed. While the MTR is pending, you are not given a work authorization (as of now, July 2008). In addition, you would not be able to get n H-1 extension beyond the original six years because nothing is pending and "final action" has been taken on your green card. This could result in a situation that can be very dangerous. You do not have an H-1, a pending MTR gives you no legal status to sty in the US. Not only can you not work, you are deportable and you are accruing illegal presence even though the MTR is pending.
While CIS has done well to eliminate the first concern by reinstating the interim EAD issuance policy, the second concern still bothers me. While erroneous denials are few an far between (thank heavens), they do, nevertheless, occur. So, just maintain your peace of mind by keeping your H-1 active. That is my opinion. Reasonable people can easily argue against this and perhaps, their points of view may be just as valid.
All the above holds true, whether or not you intend to use AC21 portability. :confused: :confused: :confused: :confused: :confused:
However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?
URL: http://boards.immigration.com/blog.php?b=34
AOS Pending, Should H-1 be Renewed by Rajiv S. Khanna
whether an H-1 should be renewed while the AOS is pending.
---------------------------------------
Bottomline - I think H-1 should be renewed.
A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:
One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.
Two, if your AOS were to be denied (even in error), you would have no way to work, because the EAD goes with the AOS. And since there is no appeal against AOS denial, only an MTR can be filed. While the MTR is pending, you are not given a work authorization (as of now, July 2008). In addition, you would not be able to get n H-1 extension beyond the original six years because nothing is pending and "final action" has been taken on your green card. This could result in a situation that can be very dangerous. You do not have an H-1, a pending MTR gives you no legal status to sty in the US. Not only can you not work, you are deportable and you are accruing illegal presence even though the MTR is pending.
While CIS has done well to eliminate the first concern by reinstating the interim EAD issuance policy, the second concern still bothers me. While erroneous denials are few an far between (thank heavens), they do, nevertheless, occur. So, just maintain your peace of mind by keeping your H-1 active. That is my opinion. Reasonable people can easily argue against this and perhaps, their points of view may be just as valid.
All the above holds true, whether or not you intend to use AC21 portability. :confused: :confused: :confused: :confused: :confused:
more...
indio0617
03-09 10:06 AM
senator brownback: amendment on Nurses & Physical therapists (removing cap for India, Phi, Mexico)
amulchandra
09-14 05:27 PM
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
I am really sorry to say that you are totally wrong. Do you know that high demand very well paid jobs also fall into EB3 category. Example Pharmacists fall into EB3(for whom there is a very huge demand in US due to aging population) .
It is not easy to get a Pharmacist license. They need a degree in pharmacy(Equivalent to Pharm D in US) . If he/she is a foreign graduate he/she has to go through national level TSE/TOEFL, FPGEE , NAPLEX and state level Jurisprudence exams. A total of 5 exams and 1600-2000 hours of internship.Even US citizens think twice to go pharmacy colleges because it is really expensive to pay the fee.
This is just an example and this is our personal experience.
I am really sorry to say that you are totally wrong. Do you know that high demand very well paid jobs also fall into EB3 category. Example Pharmacists fall into EB3(for whom there is a very huge demand in US due to aging population) .
It is not easy to get a Pharmacist license. They need a degree in pharmacy(Equivalent to Pharm D in US) . If he/she is a foreign graduate he/she has to go through national level TSE/TOEFL, FPGEE , NAPLEX and state level Jurisprudence exams. A total of 5 exams and 1600-2000 hours of internship.Even US citizens think twice to go pharmacy colleges because it is really expensive to pay the fee.
This is just an example and this is our personal experience.
more...
imind
03-12 03:30 PM
It bacame hard to find job with H1B. Most of the companies asking to work on 1099/w2 with EAD or Self Incorporated company LLC Certificate. In this case:
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis (lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed (In this case, only my wife name will be displayed in LLC Certificate as 100% owner and my name is not in LLC Certificate) in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?(Assume that I already opened LLC on my wife's EAD and 100% owned, and my nameis not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
Q4: If I include my name as member/partner in my wife's LLC certificate, can I able to work for any company on 1099 basis (Not corp-to-corp) .
As this is very critical step and helps lot of people, please help and advise the BEST possible options/path with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis (lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed (In this case, only my wife name will be displayed in LLC Certificate as 100% owner and my name is not in LLC Certificate) in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?(Assume that I already opened LLC on my wife's EAD and 100% owned, and my nameis not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
Q4: If I include my name as member/partner in my wife's LLC certificate, can I able to work for any company on 1099 basis (Not corp-to-corp) .
As this is very critical step and helps lot of people, please help and advise the BEST possible options/path with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
2010 Before amp; After Pageant
chi_shark
04-10 12:48 PM
hey, how about doing something a la steve jobs. each post should cost $0.99. ??? what say?
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Jitamitra
09-09 03:54 PM
My contribution of $100.
Order Details - Sep 9, 2007 16:17 GMT-04:00
Google Order #505491856061236
Order Details - Sep 9, 2007 16:17 GMT-04:00
Google Order #505491856061236
hair Toddlers-tiaras-300x400
ssnd03
04-02 03:18 PM
You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
No you or D.E.D. do not deserve an apology for being numbskulls as you both have an agenda of fear mongering so that folks do not raise voices for legitimate reasons.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
No you or D.E.D. do not deserve an apology for being numbskulls as you both have an agenda of fear mongering so that folks do not raise voices for legitimate reasons.
more...
innervoice
05-15 08:30 AM
How long a person can continue to work on EAD if he gets a denial notice.
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anantc
09-08 12:07 PM
Yes. Is there any Legislation/or anything that can be worked on to make it a Law for getting Citizenship application eligibility after 5 years (or 6 years considering time to process fingerprint/medical/etc..) of I-485 application Provided, it is been Pending for years becoz of Visa-Unavailability from state.
Does any one among the Core IV committee aware or any such point?
Does any one among the Core IV committee aware or any such point?
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house on “Toddlers in Tiaras”
mihird
08-01 10:52 PM
Again, no journalism experience, but good at composing English, in general, and vast knowledge on USA, global economics, the H1 visa program etc.. Have written to US Senators in the past.
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saravanaraj.sathya
07-20 04:14 PM
As per this link, there is premium processing for EAD. I think whoever needs immediate can take advantage of this instead of waitinf for months
http://www.murthy.com/news/n_proexp.html
http://www.murthy.com/news/n_proexp.html
more...
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chanduv23
11-17 02:26 PM
Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.
and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!
lazycis, chanduv - anyone to comment on above new information???
My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?
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MahaBharatGC
08-08 02:42 PM
Pappu - it is good to know that we are using the current mass media in this techie country (actually world...should say). Anything "Open" would yield good results.
My suggestion is not only contribution but also careful screening of opinions would be needed.
I will definitely love to contribute.
My suggestion is not only contribution but also careful screening of opinions would be needed.
I will definitely love to contribute.
more...
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apb
09-11 06:29 PM
Contributed $100 yesterday. Contributed $100 more today. (Paypal Transaction ID: 3SC70877BD390151N).
Coming to the rally on 9/18.
Downloaded the petition and already got 20 signatures (not including family and friends).
Thanks for your effort IV.
You rock superdesi.. That is the spirit. Getting 20 signatures is awesome.
Coming to the rally on 9/18.
Downloaded the petition and already got 20 signatures (not including family and friends).
Thanks for your effort IV.
You rock superdesi.. That is the spirit. Getting 20 signatures is awesome.
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crystal
09-17 02:52 PM
:)
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rcahk
04-05 09:00 PM
My PD Oct 2001. 45 letter received October 2005. No news at Apr.5 2006:o
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."
lg72
07-24 10:18 PM
fairboy and friends,
Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.
Thanks for your help.
Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.
Thanks for your help.
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