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 Celebrity Make Up Looks
pappu
08-08 12:15 PM
I sent you one in a PM a few minutes ago.
Pankaj
Thanks I got it and sent you a PM. Could you post it yourself on this thread so that others can also view it.
Pankaj
Thanks I got it and sent you a PM. Could you post it yourself on this thread so that others can also view it.
santb1975
05-23 10:21 PM
??
2011 Eye Makeup Looks: Close Set
sanprabhu
07-23 11:59 AM
Along with thank yous to Chertoff, Lofgren and Gonzalez, I sent an additional thank you to Sen Cornyn. I urge all of you to do the same too.
His Address is:
517 Hart Senate Office Bldg.
Washington, DC 20510
His Address is:
517 Hart Senate Office Bldg.
Washington, DC 20510
more...
conchshell
07-11 10:46 AM
I have expected EB2 India would move Fast but I didnt expect it would move like Super Fast. Really good for EB2. But the thing infront of us now is to work for EB3 INDIA and EB3 ROW.
vdlrao, I was always impressed with your calculation that you presented before July Visa bulletin, however it seems to good to be true. But it seems your estimation and prediction were on a correct track.:)
vdlrao, I was always impressed with your calculation that you presented before July Visa bulletin, however it seems to good to be true. But it seems your estimation and prediction were on a correct track.:)
eager_immi
02-12 10:56 PM
My spouse's is still pending
PD 03/20/2005
Philly backlog center
Lawyer is filling RIR
PD 03/20/2005
Philly backlog center
Lawyer is filling RIR
more...
susie
07-08 11:18 PM
We are 6th year H1B, but we only have a PD date of 27th July 2006.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
Thank you,
I would appreciate you sharing your story in the aging out section, we may even be able to file some sort of class action if we get enough cases
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
Thank you,
I would appreciate you sharing your story in the aging out section, we may even be able to file some sort of class action if we get enough cases
2010 but soft makeup look.
snathan
02-13 08:39 PM
get lost. If you contributed, thats enough. Just do your job and others will do theirs.
This is the message I have got from this guy....
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
Just another junk in IV
This is the message I have got from this guy....
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
Just another junk in IV
more...
sugaur
03-05 10:36 PM
Wifes I485 got soft LUD on 1/9/09.
hair type of makeup looks that
GoldRod
09-10 02:38 PM
Green card is a gold rod. anybody knows why?
more...
go_guy123
09-02 01:49 PM
other options? u mean like Canada ?
what life? do u have one? in Canada ? if u have, u wouldn't be on this US immi website posting stupid comments.
sour grapes? feeling like jumped out too quick?
feeling like NA GHAR KA NA GHAT KA ?
:mad:
Way better than EB3-I/H1B in US....actually jumping out was the best thing I did before the GC train wrenk. This site keeps me aware of the latest changes in US immigration. After my wife's cad citizenship I might work in US even. Till then myself and wife...combined earn well
(I do agree as GC in US one can earn even more...I never deny that but GC is a pipe dream for India born)...actually I work incorporated (reduces tax liability)...sponsored my parents's pr few days back.
what life? do u have one? in Canada ? if u have, u wouldn't be on this US immi website posting stupid comments.
sour grapes? feeling like jumped out too quick?
feeling like NA GHAR KA NA GHAT KA ?
:mad:
Way better than EB3-I/H1B in US....actually jumping out was the best thing I did before the GC train wrenk. This site keeps me aware of the latest changes in US immigration. After my wife's cad citizenship I might work in US even. Till then myself and wife...combined earn well
(I do agree as GC in US one can earn even more...I never deny that but GC is a pipe dream for India born)...actually I work incorporated (reduces tax liability)...sponsored my parents's pr few days back.
hot Loading slideshow Make-up
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...
house makeup looks for brown eyes.
deardar
09-14 10:17 AM
thank you deardar and claudia255 for the contributions.
Welcome!
Welcome!
tattoo both the makeup looks and
ilwaiting
07-06 12:19 PM
Lets call it "Re Revised Visa Bulletin". Non-Existent sentence.
What are they trying to do?
What are they trying to do?
more...
pictures makes your makeup look more
h1techSlave
04-17 10:02 AM
What is the visa or immigration status of a person who has H4 visa and 485 pending (has EAD also)?
It seems banks do not understand anything other than Citizenship, GC or H status.
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
It seems banks do not understand anything other than Citizenship, GC or H status.
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
dresses Gorgeous Makeup Looks For
Blessing&Lifeisbeautiful
08-06 12:29 AM
Angel,
You can write to me at 'sertasheep AT immigrationvoice DOT org' or poll any of the techie members here on how to create a blog. The suggestions would be to create a blog on blogger.com with a google account, as several of the other blogs (iv-tristate, iv-physicians, etc.,) are all on blogger.com.
Please keep your profile updated so that we may contact you. We are glad to welcome Schedule A professionals into the IV community.
Please support "paskal"(physician) in his efforts as he will be able to liaise with policy makers and influencers in the healthcare segment. iv-physicians.blogspot.com is one such effort- don't let the name dissuade you. As long as there are people who are willing to champion a particular cause (provided it is aligned with IV's core objectives and agenda, you can help make a difference, and help yourself as well!)
Hi Angel
If you need any help whatsoever, ps let me know.
You can write to me at 'sertasheep AT immigrationvoice DOT org' or poll any of the techie members here on how to create a blog. The suggestions would be to create a blog on blogger.com with a google account, as several of the other blogs (iv-tristate, iv-physicians, etc.,) are all on blogger.com.
Please keep your profile updated so that we may contact you. We are glad to welcome Schedule A professionals into the IV community.
Please support "paskal"(physician) in his efforts as he will be able to liaise with policy makers and influencers in the healthcare segment. iv-physicians.blogspot.com is one such effort- don't let the name dissuade you. As long as there are people who are willing to champion a particular cause (provided it is aligned with IV's core objectives and agenda, you can help make a difference, and help yourself as well!)
Hi Angel
If you need any help whatsoever, ps let me know.
more...
makeup Dior look 2009:
nixstor
04-30 02:52 PM
Aytes saying
USCIS is working with DOS in concert to improve the utilization of visa numbers. explaining the priority date. Saying that DOS moving the VB like last July will cause many applicants to file irrespective of how many visa numbers are available.
Is Aytes saying that DOS moved the PD's in haste?
USCIS is working with DOS in concert to improve the utilization of visa numbers. explaining the priority date. Saying that DOS moving the VB like last July will cause many applicants to file irrespective of how many visa numbers are available.
Is Aytes saying that DOS moved the PD's in haste?
girlfriend Globes 2009 Makeup Looks
cheg
07-23 08:24 PM
Celebrate!!!
Congrats! What are you doing in this forum arguing over dates?? Go out and enjoy your Permanent Residency with Champagne!!!:D :D :D Good luck:)
Congrats! What are you doing in this forum arguing over dates?? Go out and enjoy your Permanent Residency with Champagne!!!:D :D :D Good luck:)
hairstyles Maid Summer Makeup Look
FinalGC
06-11 09:44 AM
I just did the math.
I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.
Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??
CORRECTED => Just corrrected...it should be $45 billion, not trillion......hey still it is a lot of money
I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.
Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??
CORRECTED => Just corrrected...it should be $45 billion, not trillion......hey still it is a lot of money
GreenMe
07-21 11:14 AM
1. Sen. Cornyn yesterday offered the bridge amendment.
SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669.
The amendment was ruled out of order by the Chair of the Committee, after a Motion by Sen. Durbin (D-IL) and a vote more-or-less on party lines. This is hopefully just a procedural slowdown. HLG is aware that alternative procedural options are still being considered.
The amendment also called for a one-time increase in H1 visas, which seemed to be the reason for the amendment�s defeat.
What you can do.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for foreign trained nurses and PTs. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Hello All,
I live inTexas and fall under Sen. Cornyn constituency. I faxed his Dallas and Washington Office this thank you letter. Everyone of us can send letter to their Senators. After all we are legal tax payers.... what u all say ???
Dear Sen. Cornyn,
Subject: Reintroduce Amendment No. 2339
I applaud your Amendment to provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses. I am one of those who are currently stuck in the muck of USCIS. I would like to request you to not give up on us. Please try to introduce another similar amendment to at least help USCIS clear the humongous backlog of Green Cards. We all really appreciate your help!
Regards,
Name
Tel #
Email ID
SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669.
The amendment was ruled out of order by the Chair of the Committee, after a Motion by Sen. Durbin (D-IL) and a vote more-or-less on party lines. This is hopefully just a procedural slowdown. HLG is aware that alternative procedural options are still being considered.
The amendment also called for a one-time increase in H1 visas, which seemed to be the reason for the amendment�s defeat.
What you can do.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for foreign trained nurses and PTs. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Hello All,
I live inTexas and fall under Sen. Cornyn constituency. I faxed his Dallas and Washington Office this thank you letter. Everyone of us can send letter to their Senators. After all we are legal tax payers.... what u all say ???
Dear Sen. Cornyn,
Subject: Reintroduce Amendment No. 2339
I applaud your Amendment to provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses. I am one of those who are currently stuck in the muck of USCIS. I would like to request you to not give up on us. Please try to introduce another similar amendment to at least help USCIS clear the humongous backlog of Green Cards. We all really appreciate your help!
Regards,
Name
Tel #
Email ID
h1techSlave
04-30 04:58 PM
I have a feeling that some positive will come out of this meeting. It might appear that USCIS is not understanding our plight. But they are made aware of our situation by this meeting. They sure will respond to our complaints.
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
No comments:
Post a Comment