addsf345
11-19 01:26 PM
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.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
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.
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
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lonedesi
08-04 04:13 PM
In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/showthread.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
AllVNeedGcPc
12-10 07:32 AM
Hello 9years: Thanks for sharing the info all along. A quick question:
I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.
Is this recommended or should we do regular premium 140 and request date porting once its approved?
If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?
Thanks,
Hi All,
My attorney and company (both) received copy of Approval Notice. One thing I noticed is Priority Date on Approval Notice is my EB3 Priority Date( October 2003 ). I think some kind update (porting) has happened. I have not seen any change in LUD on my I-485. This is just to update all and hope this information may be useful to someone.
Thank you and Best of Luck to all.
I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.
Is this recommended or should we do regular premium 140 and request date porting once its approved?
If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?
Thanks,
Hi All,
My attorney and company (both) received copy of Approval Notice. One thing I noticed is Priority Date on Approval Notice is my EB3 Priority Date( October 2003 ). I think some kind update (porting) has happened. I have not seen any change in LUD on my I-485. This is just to update all and hope this information may be useful to someone.
Thank you and Best of Luck to all.
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nk2006
10-17 02:48 PM
NK2000:
Thanks a ton for this great job. I will mail out today
Thank you sheela - encourage your friends to do the same.
Thanks a ton for this great job. I will mail out today
Thank you sheela - encourage your friends to do the same.
more...
axp817
03-12 02:57 PM
I'm all for the donors only area.
nuff said,
nuff said,
jasmin45
08-02 03:49 PM
Ooops, i missed this in my original post. This is true for Nebraska service centre.
I am not sure about the other service centre. Sorry dudes.
This is great first step! Many more to cross over! :) . Think about the USPS or other carrier who will be delivering these tons of letters.. I hope the mountain of receipts will not be a overwhelming factor for them.
I am not sure about the other service centre. Sorry dudes.
This is great first step! Many more to cross over! :) . Think about the USPS or other carrier who will be delivering these tons of letters.. I hope the mountain of receipts will not be a overwhelming factor for them.
more...
logiclife
07-05 05:07 PM
Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.
Going to meet Congress Congresswoman Eshoo staff next week.
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
Going to meet Congress Congresswoman Eshoo staff next week.
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
2010 Page 3: Interior
ramus
09-09 09:49 AM
Thanks for both, contributon and coming to rally....
My Contribution of $100 sent in today by Google. Will be attending the 18th Rally.
C U Guys!.
My Contribution of $100 sent in today by Google. Will be attending the 18th Rally.
C U Guys!.
more...
diptam
07-06 12:11 AM
You need to change the SUBJECT also...
/***
FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???
How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
***/
This is by far the most effective story that highlights the security concerns raised by approving cases that hasn't cleared the background check yet. This could be the big story. It may, however, be the double-edged sword. I think we need to keep this going as much as we can.
Digg .. Digg.. Digg ... keep digging even in your sleep.
/***
FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???
How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
***/
This is by far the most effective story that highlights the security concerns raised by approving cases that hasn't cleared the background check yet. This could be the big story. It may, however, be the double-edged sword. I think we need to keep this going as much as we can.
Digg .. Digg.. Digg ... keep digging even in your sleep.
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gjoe
03-08 11:47 PM
I wish my predictions come true. Most of the time it does happen. BTW my PD is may2003 :)
more...
thomachan72
06-04 01:13 PM
why not ? 140 and 485 can be filed at same time if dates become current.
Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.
Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.
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gc4me
07-06 01:56 PM
Because I don't have enough time left of my H1B so that I can get a new I-140 approval before my H1B expires. I am in my 7th year. The only option I have is to port my PD. But I don't have I-140 approval copy, only the receipt #.
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
more...
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ramus
07-06 01:03 PM
More then 1300 users online now.. As always guests are more then members..
Can guests become member now and help us with action items.
Can guests become member now and help us with action items.
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Jimi_Hendrix
11-05 11:46 PM
GC Soon!
Great to hear from someone in Southern California! I live in Orange County. Do you have other friends who are members on IV and in Southern California region?
Thanks,
Amit
Great to hear from someone in Southern California! I live in Orange County. Do you have other friends who are members on IV and in Southern California region?
Thanks,
Amit
more...
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vayumahesh
11-16 08:04 AM
Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
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Libra
09-10 09:35 PM
mamthavijai, theman, lccleared thanks for your contributions. Hope you all can make it to rally.
more...
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ash0210
06-02 06:40 PM
I agree with you "Astronomical tution fee" for childern, pay Mortgage, renewel of EAD/AP's..so on & on...
In a situation like us..I contribute IV with my limitations (every month!) + involving myself in web faxes plus..Calling Senators / Congressmans etc..
For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical.
In a situation like us..I contribute IV with my limitations (every month!) + involving myself in web faxes plus..Calling Senators / Congressmans etc..
For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical.
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malaGCPahije
10-17 10:07 AM
Everyone who contributed to this have done a great job. Hopefully USCIS takes a note of this and rectifies their process in the future. I will send the letters soon. Thanks to each one of you for the efforts.
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Milind123
09-15 09:54 PM
Today whole day i was busy bcoz of ganesh chathurthi......hope fund threads are doing good and thank you dvrao4 for the contributions. please attend rally we need people like you. thanks.
Welcome back Libra. Without you the thread slipped off the screen a few times; but chanduv23 was kind enough to bump it.
Welcome back Libra. Without you the thread slipped off the screen a few times; but chanduv23 was kind enough to bump it.
ragz4u
03-02 11:28 AM
Here's the link for the live hearing of the Judiciary Committee
http://www.capitolhearings.org/
Click on room Dirksen 226 and let everyone know what you hear. Not all have access to internet from work
Enjoy!
http://www.capitolhearings.org/
Click on room Dirksen 226 and let everyone know what you hear. Not all have access to internet from work
Enjoy!
gc_kaavaali
07-14 05:53 PM
Come on guys!!! please contribute for good cause.
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