diptam
07-06 01:04 PM
He is a excellent lawyer it seems , may be i'll hire him ...
What is his name , is he/she a AILA member ?
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
What is his name , is he/she a AILA member ?
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
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transpass
09-10 11:13 AM
EB2 with US masters here
PD 2004
case is straight a heterosexual & white as the alaskan snow
-- not approved yet.
Me too....PD 2005, case is straight, US degree...I am also white, but it's just that I drink too much coffee and look brown...:D:D:D
PD 2004
case is straight a heterosexual & white as the alaskan snow
-- not approved yet.
Me too....PD 2005, case is straight, US degree...I am also white, but it's just that I drink too much coffee and look brown...:D:D:D
sri1309
09-11 07:43 PM
How do I start a new thread,
Please help,
Thanks,
Sri.
Please help,
Thanks,
Sri.
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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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hazishak
07-18 06:21 PM
Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.
sirinme
09-10 05:33 PM
Just contributed $100 via Google Checkout. Can't make it in person to the rally, but thanks & best wishes to everyone involved.
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ngopikrishnan
12-08 11:03 PM
Just thought it will be an useful info.
Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:
1) Current unexpired NJ DL
2) Passport with expired I-94 (Paroled)
3) EAD
4) SSN card
5) Address Proof (utility bill)
DL renewed until EAD expiry date PLUS 3 months.
Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:
1) Current unexpired NJ DL
2) Passport with expired I-94 (Paroled)
3) EAD
4) SSN card
5) Address Proof (utility bill)
DL renewed until EAD expiry date PLUS 3 months.
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indian
04-27 03:11 PM
Onemay,
What state you are in?
Here in CA, my wife was in a very similar situation and to complicate matters we had her last name changed to married one in passport since last entry in US. So we were trying to get the driver's license to reflect the name change. Initially the DMV refused saying they need I-94.
So we had the old/new passport, the old H4 approval notice in maiden name and new one in married name and I-94 at the bottom of the H4 approval notice. I then realized that we could use the I-94 at the bottom of H4, and it worked. We got the DL in new name within 1 week of applying.
Just hang on until you get the new approval notices and make sure you carry the original (they should make a photocopy and return original) H4 along with the I-94 on it when you visit DMV.
Good luck.
What state you are in?
Here in CA, my wife was in a very similar situation and to complicate matters we had her last name changed to married one in passport since last entry in US. So we were trying to get the driver's license to reflect the name change. Initially the DMV refused saying they need I-94.
So we had the old/new passport, the old H4 approval notice in maiden name and new one in married name and I-94 at the bottom of the H4 approval notice. I then realized that we could use the I-94 at the bottom of H4, and it worked. We got the DL in new name within 1 week of applying.
Just hang on until you get the new approval notices and make sure you carry the original (they should make a photocopy and return original) H4 along with the I-94 on it when you visit DMV.
Good luck.
more...
vbkris77
02-24 10:09 AM
Entire world is turning up against immigration. It is beyond individual/group control to lobby for changes in that area.
It is on the threshold of the time. Right now we as individuals still can make a decision to continue to be in US and wait it out or go back to our home country.
But if this trend continues, I am afraid, some new law will make that decision for us to send us all back. It is just around the corner. Worst part is we can't do a thing about that.
So want to blame anyone, blame your politicians of your native country for creating such a mess that people wanted to move to a different country.
It is on the threshold of the time. Right now we as individuals still can make a decision to continue to be in US and wait it out or go back to our home country.
But if this trend continues, I am afraid, some new law will make that decision for us to send us all back. It is just around the corner. Worst part is we can't do a thing about that.
So want to blame anyone, blame your politicians of your native country for creating such a mess that people wanted to move to a different country.
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pappu
11-16 12:31 PM
nice write-up Jimi
Congratulations Jimi
http://news.ncmonline.com/news/view_article.html?article_id=86f99ab1b7774fc7f6a26 f10eb4183ba
Congratulations Jimi
http://news.ncmonline.com/news/view_article.html?article_id=86f99ab1b7774fc7f6a26 f10eb4183ba
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raj_vagc_oct02
01-13 04:13 PM
Hi All,
I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.
Thanks
RAJ
SWA: Virginia
SWA Receipt Date (Priority Date): October 31,2002
EB2 - RIR
Forwarded to Philadelphia Regional DOL on June 22, 2004
BEC Case Number: P-04282-*****
45 Day Letter Received and Replied : Feb 2005
I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.
Thanks
RAJ
SWA: Virginia
SWA Receipt Date (Priority Date): October 31,2002
EB2 - RIR
Forwarded to Philadelphia Regional DOL on June 22, 2004
BEC Case Number: P-04282-*****
45 Day Letter Received and Replied : Feb 2005
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manugee
09-10 03:07 PM
I meant to say next tuesday. Though I'm still trying to adjust my plans...
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raysaikat
01-06 11:26 PM
raysaikat - You must be kidding by trying to prove that you have taught 1000s of Anna/Osmania University students & number of them are bad as you described. You started in 100s & are now talking about thousands and I am sure if this argument continues you would go to even higher numbers just for the heck of proving your point.
Please read my statements properly. I have taught about 100 (the number of students in my last 5 classes were about 70, 30, 25, 25, 12). My colleagues have been observing the same issues for last 5-7 years when the number of students from India started to surge. The number 1000 is the estimate for over the 5 year period. Both numbers are conservative estimates.
Please read my statements properly. I have taught about 100 (the number of students in my last 5 classes were about 70, 30, 25, 25, 12). My colleagues have been observing the same issues for last 5-7 years when the number of students from India started to surge. The number 1000 is the estimate for over the 5 year period. Both numbers are conservative estimates.
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Jaime
09-13 09:54 AM
bump
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nlssubbu
07-24 07:41 PM
I keep reading people getting emails from USCIS. I don't remember providing my lawyer with my email address? When/where do you provide the email address? Tx
Please create an user id for you and add all the case numbers associated with you here:
https://egov.uscis.gov/cris/jsps/index.jsp
Whenever there is an update regarding the cases related to you, USCIS will send you an automatic mail.
Thanks
Please create an user id for you and add all the case numbers associated with you here:
https://egov.uscis.gov/cris/jsps/index.jsp
Whenever there is an update regarding the cases related to you, USCIS will send you an automatic mail.
Thanks
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qualified_trash
08-09 02:51 PM
just one correction:
Legal immigrants pay taxes at higher rates due to their immigration status
I do not think the above is true.
Legal immigrants pay taxes at higher rates due to their immigration status
I do not think the above is true.
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chanduv23
05-14 09:38 PM
Here is the scoop.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
I guess you are now happier than before. You are close to getting your issue resolved.
No one knows why people who are eligible for AC21 portability are going through this.
When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.
Many people have said that this is a training issue. maybe it is. We don't know
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
I guess you are now happier than before. You are close to getting your issue resolved.
No one knows why people who are eligible for AC21 portability are going through this.
When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.
Many people have said that this is a training issue. maybe it is. We don't know
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h1xfer485
08-13 05:08 PM
The Mexico F2A and Employment Third preference cut-off dates" are �unavailable� for both August and September..blah blah..
MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...
MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...
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asanghi
04-30 02:35 PM
Somebody starts to speak.
satyasaich
03-09 01:33 PM
Requesting All the moderators
For those who follow NPR news, there is diane Reem show tomorrow on NPR radio and the subject is immigration reform.
It will be a good chance to make some sensible calls, but requesting to make a limited number of calls with clairty in questions, probably one at a time
Certainly a good chance (not to miss) so that our concerns can be heard across the country
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
For those who follow NPR news, there is diane Reem show tomorrow on NPR radio and the subject is immigration reform.
It will be a good chance to make some sensible calls, but requesting to make a limited number of calls with clairty in questions, probably one at a time
Certainly a good chance (not to miss) so that our concerns can be heard across the country
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
insbaby
07-06 01:49 AM
I want change
Change of what?
30 mins lunch to 3 hour lunch ???
Change of what?
30 mins lunch to 3 hour lunch ???
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