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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h1techSlave
05-15 06:15 PM
I was trying to get the loan thru NVR Mortgage. Because of my wife's EAD status, we could not get the loan from NVR.
Then they brokered it out to another agent, who accepted H4. But the loan rate went up from 4.75% to 5.25%. Finally we went with FHA loan (4.875%). FHA loan has an initial payment requirement of 1.75%.
End of story: because of EAD, we lost that 1.75% of the loan. Plus need to pay 0.125% extra.
But were U able to get the loan at the end ?
Then they brokered it out to another agent, who accepted H4. But the loan rate went up from 4.75% to 5.25%. Finally we went with FHA loan (4.875%). FHA loan has an initial payment requirement of 1.75%.
End of story: because of EAD, we lost that 1.75% of the loan. Plus need to pay 0.125% extra.
But were U able to get the loan at the end ?
rajeev_74
04-25 08:32 AM
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
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acecupid
06-11 12:59 PM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
I agree. Since politicians have no incentives from helping our cause, it has to come to an extreme breaking point when USCIS/DOS or politicians take any action. I think we have reached that point and that will help in highlighting the mess we are in.
Just trying to be optimistic!:)
I agree. Since politicians have no incentives from helping our cause, it has to come to an extreme breaking point when USCIS/DOS or politicians take any action. I think we have reached that point and that will help in highlighting the mess we are in.
Just trying to be optimistic!:)
more...
kaisersose
07-11 11:13 AM
FYI,
Priority dates are decided by the Department of State and EAD renewal periods are decided by USCIS. They are two different organizations.
So this is not a scam to deny people 2 year EADs.
Priority dates are decided by the Department of State and EAD renewal periods are decided by USCIS. They are two different organizations.
So this is not a scam to deny people 2 year EADs.
TexDBoy
06-10 12:58 PM
USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
Tank you so much for the news ....
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
Tank you so much for the news ....
more...
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.
2010 Benjamin Millepied Yves St.
rongha_2000
07-23 11:20 AM
Obama, did not vote.. Not sure why?? This is very frustrating.!:mad:
BTW how did Obama vote?????
BTW how did Obama vote?????
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ivvm
09-13 10:16 PM
Paypal Payment Sent (ID #4VL772199A7170058)
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TeddyKoochu
12-10 07:20 PM
What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
more...
GCBy3000
03-10 12:02 PM
http://www.shusterman.com/pdf/specterbill30906.pdf
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langagadu
03-04 12:02 PM
ohh mamaaaaaaaaaa. Waiting for it.
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house 5 of 29. Benjamin
B0ka
03-11 11:50 AM
My application was finally approved yesterday after almost 7 years in queue. Here is the sequence of events right before the approval.
RFE email on 02/13/09
2nd Biometrics Notice received on 02/17/09
Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
Completed Code 3 Biometrics on 02/26/09
Soft LUD immediately after Biometrics on 02/26/09
USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
Another soft LUD on 03/02/09
CPO email on 03/10/09
Welcome email on 03/10/09
My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.
RFE email on 02/13/09
2nd Biometrics Notice received on 02/17/09
Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
Completed Code 3 Biometrics on 02/26/09
Soft LUD immediately after Biometrics on 02/26/09
USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
Another soft LUD on 03/02/09
CPO email on 03/10/09
Welcome email on 03/10/09
My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.
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va_labor2002
06-23 11:00 AM
I got my labor approved only on May 26 ,2006. My Pd was March 12,2002 EB3 Va.
I've already entered details into http://www.trackins.com
Data was:
PD 12/19/2002
Approved EB3 RIR 6/14/2006
received copy today
Originally NY DOL
Philly BEC
That was 1272 days
Here is a little good news for most....
I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.
Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.
Also from trackins.com it appears that most 45 day letters have been issued.
They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.
Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.
I've already entered details into http://www.trackins.com
Data was:
PD 12/19/2002
Approved EB3 RIR 6/14/2006
received copy today
Originally NY DOL
Philly BEC
That was 1272 days
Here is a little good news for most....
I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.
Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.
Also from trackins.com it appears that most 45 day letters have been issued.
They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.
Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.
more...
pictures 17 of 29. Benjamin
little_willy
09-10 11:25 AM
:mad:why did i get a red dot for this post? now i cant access the chat...sucks
Just gave you green... chat away...
Just gave you green... chat away...
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vikasgarg24
07-21 07:05 AM
Friend
I recently got a aloan from BOA on EAD without any probem.
The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.
If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.
I recently got a aloan from BOA on EAD without any probem.
The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.
If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.
more...
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priti8888
07-23 03:32 PM
Wow! Good for you! So when did you apply for your I-485? Please let us know the details so we can compare it with our situation. My husband is EB3 as well with PD Feb 2005 (Philippines). Thanks!
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
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hopefulgc
08-13 04:54 PM
moderators,
please close this thread.
please close this thread.
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learning01
04-25 06:53 PM
We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
Easing retrogression helps some, but not may of us who are stuck at back log centeres
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
Easing retrogression helps some, but not may of us who are stuck at back log centeres
Winner
07-06 11:47 AM
Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.
Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!
I am surprised to see that IV has 450K asset! Where did that number come from?
Ever been a member of a public radio station? to vote or contest in an election you have to be a paid member. Do you think N**usa will entertain you if you go to their website and call for change?
Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!
I am surprised to see that IV has 450K asset! Where did that number come from?
Ever been a member of a public radio station? to vote or contest in an election you have to be a paid member. Do you think N**usa will entertain you if you go to their website and call for change?
bfadlia
06-23 05:39 PM
USA is made by illegal immigrants (over 13 millions) and bonded labors (H1B - GC).
Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.
You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:
America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.
sorry for going off topic.. but your title about the pyramids has been proven to be a myth.
New discoveries has shown that the workers building the pyramids were fed and cared for the way we care for olympic athletes these days.. Villages and cities were competing and bragging about how much they contribute in these national projects..
don't believe everything u c on hollywood screens..
Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.
You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:
America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.
sorry for going off topic.. but your title about the pyramids has been proven to be a myth.
New discoveries has shown that the workers building the pyramids were fed and cared for the way we care for olympic athletes these days.. Villages and cities were competing and bragging about how much they contribute in these national projects..
don't believe everything u c on hollywood screens..
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