wanna_immigrate
04-11 08:35 PM
How long it takes to get 140 approved in premium?
wallpaper life quotes and sayings
susie
07-15 11:32 AM
2 0f 2
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
BPforGC
03-18 10:13 AM
If you pass substantial presence test and treated as resident for tax purposes, you get the check from IRS. Mots of us file 1040A for taxes. Only few of us do not qualify as residents for tax purposes file 1040NR, those don't get.
If your spouse doesn't work and have a child, then you may qualify as head of household and sometimes get bigger check.
Only few desi's will not qualify for this check but whoever stays here for more than couple of years and filed taxes in 2006, don't worry.
If your spouse doesn't work and have a child, then you may qualify as head of household and sometimes get bigger check.
Only few desi's will not qualify for this check but whoever stays here for more than couple of years and filed taxes in 2006, don't worry.
2011 life quotes and sayings with
akred
01-06 04:00 AM
He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?
Simple answer is jobs in the US pay better than jobs in India, therefore people come here for the economic opportunity.
As far as Wadhwa's statements disparaging the quality of Indian education go, he is looking after his interests. He runs an engineering program at Duke and needs to keep students interested in enrolling. How many students will keep enrolling once they find out they are being royally fleeced by American universities and that they could go to India and get a equivalent or better degree for a fraction of the price?
Simple answer is jobs in the US pay better than jobs in India, therefore people come here for the economic opportunity.
As far as Wadhwa's statements disparaging the quality of Indian education go, he is looking after his interests. He runs an engineering program at Duke and needs to keep students interested in enrolling. How many students will keep enrolling once they find out they are being royally fleeced by American universities and that they could go to India and get a equivalent or better degree for a fraction of the price?
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ags123
03-07 03:15 PM
I hope so too Green card fever. I am just hoping >22Feb05 and not just matching Eb2 C at 15Feb05. ;);)
jonty_11
07-06 05:37 PM
look closely..I think this fiasco is affecting the basic senses also.
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Milind123
09-16 03:56 PM
Come on people only 11 shots to be fired. (I will take one shot, two already fired). The next person who will pull the trigger is probably a jovial person. He/she has contributed before or will contribute for the first time. He/she thinks we are a bunch of serious people, who will get the job done, but too serious for his/her company.
That is not the case at all. To prove it, here is a joke for you, to make you pull the trigger, amused and probably laughing.
Note: It is impossible to crack a joke and make everyone laughs. Invariably it is offensive to someone. I hope it is not the case here. Also, not everyone likes a particular joke; well the objective here is to make only one person laugh (enough to go to google and pull the trigger). You may have already heard it, but I found it funny. If I don�t get contributions for this one; that�s fine, I won�t try again; this will be the last joke I will post. (I don�t want to scare you away).
An old lady takes the limp body of her rabbit to the vet. She pleads to the Dr �Please please take a look at my dear Pilu. He is not responding at all�. The Dr goes and checks the poor rabbit. �Sorry! But your Pilu is dead�. �No it can�t be the case, help me, help me, please do something�. The Dr says OK and blows a whistle. A cat come and gets on top of the table where Pilu�s body is lying�. She sniffs the body from top to bottom and shakes her head and leaves the room. The dr looks at the old lady and shakes his head too. Old lady protests and says the dr is not doing a good enough job. The Dr again whistles and in comes a Labrador Retriever. The dog also check Pilu and declares that the rabbit is dead. �How much� the lady asks the dr holding Pilu very close to her chest. �$250� the Dr replies.�WHAT $250 TO TELL ME THAT MY DEAR PILU IS NO MORE�. The dr replies back in a very calm tone �it would have cost you 50 when I told you, but you were not convinced and I had to run a lab report and do a cat scam. $100 each�
That is not the case at all. To prove it, here is a joke for you, to make you pull the trigger, amused and probably laughing.
Note: It is impossible to crack a joke and make everyone laughs. Invariably it is offensive to someone. I hope it is not the case here. Also, not everyone likes a particular joke; well the objective here is to make only one person laugh (enough to go to google and pull the trigger). You may have already heard it, but I found it funny. If I don�t get contributions for this one; that�s fine, I won�t try again; this will be the last joke I will post. (I don�t want to scare you away).
An old lady takes the limp body of her rabbit to the vet. She pleads to the Dr �Please please take a look at my dear Pilu. He is not responding at all�. The Dr goes and checks the poor rabbit. �Sorry! But your Pilu is dead�. �No it can�t be the case, help me, help me, please do something�. The Dr says OK and blows a whistle. A cat come and gets on top of the table where Pilu�s body is lying�. She sniffs the body from top to bottom and shakes her head and leaves the room. The dr looks at the old lady and shakes his head too. Old lady protests and says the dr is not doing a good enough job. The Dr again whistles and in comes a Labrador Retriever. The dog also check Pilu and declares that the rabbit is dead. �How much� the lady asks the dr holding Pilu very close to her chest. �$250� the Dr replies.�WHAT $250 TO TELL ME THAT MY DEAR PILU IS NO MORE�. The dr replies back in a very calm tone �it would have cost you 50 when I told you, but you were not convinced and I had to run a lab report and do a cat scam. $100 each�
2010 life quotes and sayings for
mbawa2574
07-07 07:47 PM
Can Patton Boggs do better? Haven't we had more legislative success, I mean traction, when we partnered with Quinn Gillespie? Are we receiving sound advice on which of our grievances require legislative action and which ones can be redressed by a mere change in policy on the part of the executive? It looks like most of our current problems were not ushered in by any new law, but rather by a stroke of a pen in a memo by the incompetent and indifferent INS, USCIS, DOL and the State Department. No change in law was needed to make then deny us concurrent filing in Oct 2005 and allow it in July 2007. No change in law was required to deny us visa revalidation. One could argue that no change in law is required to belatedly use unused visas from the previous years. The list goes on. It should be easier to lobby a handful of buffoons in the executive branch with real power than 500+ buffoons on Capitol Hill. Has Patton Boggs served us well?
We are hitting the wrong doors. We are not doing anything which gives us some visibility with media and politicians or administration. Time is running out guys
We are hitting the wrong doors. We are not doing anything which gives us some visibility with media and politicians or administration. Time is running out guys
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map_boiler
07-05 01:24 PM
I just sent emails to senators Bennett and Hatch in Utah.
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ind_game
05-15 09:50 PM
Hi! I have some questions:
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Yes, I have been having an attorney all the way thru the two MTRs
2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Yes, I have been having an attorney all the way thru the two MTRs
2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.
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Milind123
09-17 02:05 PM
Order Details - Sep 17, 2007 1:33 PM EDT
Google Order #371403364547278
Thank you kumar for your shot. Which IIT did you graduate from? Delhi?
Google Order #371403364547278
Thank you kumar for your shot. Which IIT did you graduate from? Delhi?
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xyzgc
02-08 11:02 PM
Wow, there you go! How come it becomes 'stupid' when a girl spends husband's money to support her parents?
Did I even say this? What are you saying? Go see a shrink :D
Read first what I said.
Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.
Did I even say this? What are you saying? Go see a shrink :D
Read first what I said.
Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.
more...
house cute life quotes and sayings
hazishak
07-18 05:53 PM
Set up for $50 recurring contribution. Never in my life did I felt so charged up as I did in last few days. Thank you IV for inspiring.
I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.
Then it wont be a non profit organization any more. You can ask for donation but cant force for it.
I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.
Then it wont be a non profit organization any more. You can ask for donation but cant force for it.
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inspectorfox
09-18 11:46 PM
dont go to the edison kilmer road dmv..those guys are waiting for a reason to refuse.. even my white american friends have had problems there..lol
This is the worst DMV in NJ... You may be better off going to Jersey City, Princeton or anywhere else.
This is the worst DMV in NJ... You may be better off going to Jersey City, Princeton or anywhere else.
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9years
11-08 09:44 AM
Then there is nothing much we can do. We have to wait on them or checking LUDs on your I-485 case. I can understand your feelings. I wish you Best of Luck.
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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.
more...
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ragz4u
03-09 08:34 AM
They are debating whether the current 2000 border troops should be increased to 2400
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pappu
09-14 06:37 PM
DO NOT POST MEDIA LEADS ON THE FORUM PLEASE.
This is a request to every member working very hard in the media campaign and state chapters. If you get a response from any reporter for a media interview, DO NOT post the details on the forum. Please be alert if you find someone posting such message and immediately have that deleted.
If you get a media lead immediately send an email with information about the media lead to --- media at immigrationvoice.org
By sharing sensitive information on the open forum please understand that you maybe destroying the hard work of everyone in the media effort. It takes lot of effort to get media stories. Each of our member is a PR agent for us and we have a well planned strategy to help this entire community and get the immigration issues solved.
Thanks
This is a request to every member working very hard in the media campaign and state chapters. If you get a response from any reporter for a media interview, DO NOT post the details on the forum. Please be alert if you find someone posting such message and immediately have that deleted.
If you get a media lead immediately send an email with information about the media lead to --- media at immigrationvoice.org
By sharing sensitive information on the open forum please understand that you maybe destroying the hard work of everyone in the media effort. It takes lot of effort to get media stories. Each of our member is a PR agent for us and we have a well planned strategy to help this entire community and get the immigration issues solved.
Thanks
hairstyles quotes and sayings about life
tikka
07-20 10:35 AM
Contributed $100. Will do again. Thanks to IV for the job well done.
your first post is a contribution.. cant wait for the second one :D
Thank you for the contribution...
your first post is a contribution.. cant wait for the second one :D
Thank you for the contribution...
test101
07-06 11:32 AM
All,
Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.
Hi :)
Would not be a better idea if we came up of list of sentors/congressmen that we need to call for the day. This way each center office get a certain amount of call volume on the same issue. This might make a difference.
let me know. We just need agroup of volunteer this will organize and target our effeort.
thanks
Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.
Hi :)
Would not be a better idea if we came up of list of sentors/congressmen that we need to call for the day. This way each center office get a certain amount of call volume on the same issue. This might make a difference.
let me know. We just need agroup of volunteer this will organize and target our effeort.
thanks
kshitijnt
04-30 03:48 PM
One guy asked Aytes are you going to take time for making suggestions, as long as it takes to process a visa? LOL Kick
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