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."
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mirage
03-31 11:10 PM
Alright Guys, Let's ignore this Dard-e-disco guy he doesn't deserve a second of our time. To answer your question, one thing atleast USCIS can give us is, Release data like How many applications they have already received from Major Green Card Seeking countries and in which EB categories. All this data they would have entered in their computers, They can easily run these kind of reports, I'm sure they'll be having some Data Warehousing softwares. So atleast everybody of know where we stand today and stop predicting cut-off dates etc. etc.
They can also make sure they send our APs and EADs in less than 90 days....
a million things in this world are wrong and occassionally you will be at the receiver's end. Am sure you want things to change, so does every member of this group and many more who arent aware or part of IV yet.
Let us(as members) know what would you like to change in USCIS management. If you feel management should be criticised then lets hear it detailed. Would request to keep a positive outlook and suggest what you would like to see happen. Am sure everyone hear is all ears.
They can also make sure they send our APs and EADs in less than 90 days....
a million things in this world are wrong and occassionally you will be at the receiver's end. Am sure you want things to change, so does every member of this group and many more who arent aware or part of IV yet.
Let us(as members) know what would you like to change in USCIS management. If you feel management should be criticised then lets hear it detailed. Would request to keep a positive outlook and suggest what you would like to see happen. Am sure everyone hear is all ears.
gc_kaavaali
07-14 03:49 PM
Bumpers...please bump this thread...this should be on top...
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go_guy123
07-20 10:09 AM
He did not voted
Clinton / Obama will never vote in favor of H1B / EB immigration now as they are running for election.
Clinton / Obama will never vote in favor of H1B / EB immigration now as they are running for election.
more...
gonecrazyonh4
04-25 01:22 PM
It's hard to believe that folks dont know anything about the Green-Card process when they come in. Let us say that you are right on, but they would have eventually figured it out by the end of couple years. I believe it is the situations like layoffs, move from one company to other for better prospects and salary will make them to enter the process late. It is their personal choice and I don't question that. But I believe they had options to apply for GC early in the process and they did not. So why penalize others who did before them. Please don't think Iam saying this because I entered late. I came during early 1998 and I did wait for 4 years to apply.
It is not about being lethargic, it is about company policies and options available to employees.Many times the Labour applications are delayed by the companies on the pretext of impending layoffs or on the fact that there was no written offer on processing GC at the time of employment offer.IN many cases this happens inspite of verbal assurances at the time of employement offer. Sometimes these verbal assurances keeps going on for years but the process never gets truly started. Many comapnies prefer I would say to start the process late so that they can hold on to the employee for longer period of time... Several reasons contribute to the LC being filed late. If and when LC is filed use of H1 B Start date of employment as priority date should put and end to these practices.
It is not about being lethargic, it is about company policies and options available to employees.Many times the Labour applications are delayed by the companies on the pretext of impending layoffs or on the fact that there was no written offer on processing GC at the time of employment offer.IN many cases this happens inspite of verbal assurances at the time of employement offer. Sometimes these verbal assurances keeps going on for years but the process never gets truly started. Many comapnies prefer I would say to start the process late so that they can hold on to the employee for longer period of time... Several reasons contribute to the LC being filed late. If and when LC is filed use of H1 B Start date of employment as priority date should put and end to these practices.
nosightofgc
07-14 10:19 PM
Just Contributed $20.
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gc_on_demand
06-10 01:40 PM
In the last several months, the worldwide demand for immigrant visas in the EB-2 category has been lower than the State Department expected. To make sure that all available EB-2 immigrant visas are used, DOS has, since April, made some unused worldwide numbers available for China and India and will continue to do so in July. If worldwide demand for these visas increases, however, DOS could impose cut-off dates or declare the China or India EB-2 category unavailable, as it did for India in February 2008, possibly even in the middle of the month
What are chances of Eb2 india will become unavailbale. Core members is there any companign that we can do to move this thing forwards. I called CHC and local lawmakers.
What are chances of Eb2 india will become unavailbale. Core members is there any companign that we can do to move this thing forwards. I called CHC and local lawmakers.
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GCard_Dream
07-06 12:06 AM
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.
Digg .. Digg.. Digg ... keep digging even in your sleep.
more...
clemsonite
09-02 01:01 PM
Well, you could still try and apply in EB2, as you mentioned earning a master's degree.
I am one of those who came in 98 on F1 and went through 3 different GC processes (all EB2) to finally see the CPO email now. No regrets though, as I changed employers a few times (resulting in dropping the first two GC processes) to achieve growth (higher salaries, actually).
All the best to everyone waiting.
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
I am one of those who came in 98 on F1 and went through 3 different GC processes (all EB2) to finally see the CPO email now. No regrets though, as I changed employers a few times (resulting in dropping the first two GC processes) to achieve growth (higher salaries, actually).
All the best to everyone waiting.
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
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funny
09-12 01:44 PM
At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?
I am in too...How can we organize all the members...70,000 is a lot of people, Any thing done effectively and efficiently will make an impact.
I am in too...How can we organize all the members...70,000 is a lot of people, Any thing done effectively and efficiently will make an impact.
more...
americandesi
06-26 01:23 AM
So did you buy home theatre after filing 485 or before? Btw, I dont believe there is any relationship to income wrt visa status.
Exactly! I was trying to make sense to Mr. Arunmohan, who feels that without GC, he cannot spend/invest his money on a 57-60 inch LCD TV.
To answer your question, I purchased the Home theater after filing my I-485, which in no way influenced my decision.
Exactly! I was trying to make sense to Mr. Arunmohan, who feels that without GC, he cannot spend/invest his money on a 57-60 inch LCD TV.
To answer your question, I purchased the Home theater after filing my I-485, which in no way influenced my decision.
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delax
07-20 01:32 PM
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
Here's my estimate regarding the expected I-485 filings for July 2007 based on the approved LC petition data provided by DOL. See link below (Thanks ! DreamGC)
http://spreadsheets.google.com/pub?key=pPp-1fPOWrpRSbOSVaat9ew
LC Approvals (Expected 485 filings in July 2007)
2007: 50000(50000) Estimated since data unavailabe
2006: 79782 (79782)
2005: 6133 (6133)
2004: 43582 (34866) 80% will file in July, 20% filed earlier
2003: 62912 (31456) 50% will file in July. The rest filed earlier.
2002: 79784 (Nil) Since more than 95% would have filed 485 earlier.
I am ignoring anything before 2002.
If you add up the numbers in parentheses the total is 202,236 - primary applicants. Assuming an average family size of 2 gives us 404,472 give or take 10%
I would say 80% of the 400k people may apply for EAD - that still makes it 320k EADs - the others may not want EAD right away or could be kids less than 14 years old.
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
Here's my estimate regarding the expected I-485 filings for July 2007 based on the approved LC petition data provided by DOL. See link below (Thanks ! DreamGC)
http://spreadsheets.google.com/pub?key=pPp-1fPOWrpRSbOSVaat9ew
LC Approvals (Expected 485 filings in July 2007)
2007: 50000(50000) Estimated since data unavailabe
2006: 79782 (79782)
2005: 6133 (6133)
2004: 43582 (34866) 80% will file in July, 20% filed earlier
2003: 62912 (31456) 50% will file in July. The rest filed earlier.
2002: 79784 (Nil) Since more than 95% would have filed 485 earlier.
I am ignoring anything before 2002.
If you add up the numbers in parentheses the total is 202,236 - primary applicants. Assuming an average family size of 2 gives us 404,472 give or take 10%
I would say 80% of the 400k people may apply for EAD - that still makes it 320k EADs - the others may not want EAD right away or could be kids less than 14 years old.
more...
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spicy_guy
09-01 01:13 PM
Landed in Feb 2000 ....
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
All Desi employers?
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
All Desi employers?
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bp333
03-04 12:30 PM
My application is filed with Texas Service Centre.
Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.
I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.
Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.
I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.
more...
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indianindian2006
06-10 11:23 AM
snhn
what is a DWI?thanks.
Driving While Intoxicated
what is a DWI?thanks.
Driving While Intoxicated
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JazzByTheBay
09-29 07:43 AM
Except, Franklin is not from a retrogressed country.... :)
jazz
But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?
jazz
But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?
more...
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gsc999
07-19 06:30 AM
A small contribution for the future goals....$500 today and more to come....
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
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Sideliner
09-10 04:49 PM
I guess the reason for moving back eb2 I dates is strategic. Since they have the whole year to use the 140 K visas, they might be trying to start the year conservatively, trying to honor FIFO.
The aggressive movement of dates in last quarter was ONLY to prevent the visa number wastage.
The aggressive movement of dates in last quarter was ONLY to prevent the visa number wastage.
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MDix
03-03 11:16 AM
I don't think EB3-I would be U for more than a month, as I keep saying this year EB3 would be getting some share of spill-over. So even if it becomes U for April that would be temporarily and it would return back in May.
I agree. EB3-I would go U for rest of the year.
Thank's
MDix
I agree. EB3-I would go U for rest of the year.
Thank's
MDix
saimrathi
06-08 04:04 PM
Congratulations!!
Did you mean your PD is Mar'04. PERM since Jan'05. Am I wrong?
Is your labor RIR or non-RIR? Please let us know.
Priority Date is Mar'05. RIR Type. HTH.
Did you mean your PD is Mar'04. PERM since Jan'05. Am I wrong?
Is your labor RIR or non-RIR? Please let us know.
Priority Date is Mar'05. RIR Type. HTH.
Mouns
04-30 03:15 PM
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
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