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  #1 (permalink)  
Old 10-14-2010, 11:33 AM
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gc?? is infamous around these parts gc?? is infamous around these parts gc?? is infamous around these parts gc?? is infamous around these parts
Default Work Authorization Is Not Lawful Status

ILW.COM - immigration news: The Enigma of Bokhari v. Holder: Work Authorization Is Not Lawful Status
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  #2 (permalink)  
Old 10-14-2010, 12:04 PM
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sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute
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...an applicant for adjustment of status, whose underlying nonimmigrant L or H status has expired, will not be considered unlawfully present for purposes of triggering the 3 and 10 year bars but will still not be considered to be in lawful status.

I guess most of us on EAD are not in lawful status per the strict definition of the law.
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  #3 (permalink)  
Old 10-14-2010, 12:49 PM
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ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute
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Quote:
Originally Posted by sparky_jones View Post
Quote from this article:

...an applicant for adjustment of status, whose underlying nonimmigrant L or H status has expired, will not be considered unlawfully present for purposes of triggering the 3 and 10 year bars but will still not be considered to be in lawful status.

I guess most of us on EAD are not in lawful status per the strict definition of the law.
* A will not be considered unlawfully present
* A will still not be considered to be in lawful status

So what is A?

A 'reasoning' test for skilled professionals.

A is not a father
A is not a mother
A is not a son
A is not a daughter
A is not a man
A is not a woman
A is not an animal
A is not God
A is not human
A is not a graduate
A is not a worker
A is not a manager
A is not a project/product manager
A is not a programmer
A is not an alien.

So who is A?

ANS: An object in EB3-I, living in USA lawfully and unlawfully at the sametime.

Last edited by ivgclive; 10-14-2010 at 12:51 PM.
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  #4 (permalink)  
Old 10-14-2010, 01:08 PM
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tselva has a spectacular aura about tselva has a spectacular aura about
Default Good one!

Quote:
Originally Posted by ivgclive View Post
* A will not be considered unlawfully present
* A will still not be considered to be in lawful status

So what is A?

A 'reasoning' test for skilled professionals.

A is not a father
A is not a mother
A is not a son
A is not a daughter
A is not a man
A is not a woman
A is not an animal
A is not God
A is not human
A is not a graduate
A is not a worker
A is not a manager
A is not a project/product manager
A is not a programmer
A is not an alien.

So who is A?

ANS: An object in EB3-I, living in USA lawfully and unlawfully at the sametime.

But the object in EB3-I , can produce children who can be
a father
a mother
a son
a daughter
a man
a woman
a human
a graduate
a worker
a manager
a project/product manager
a programmer
an alien when obtained non-us passport
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  #5 (permalink)  
Old 10-14-2010, 04:33 PM
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Default

Quote:
Originally Posted by sparky_jones View Post
Quote from this article:

...an applicant for adjustment of status, whose underlying nonimmigrant L or H status has expired, will not be considered unlawfully present for purposes of triggering the 3 and 10 year bars but will still not be considered to be in lawful status.

I guess most of us on EAD are not in lawful status per the strict definition of the law.
That's why they "parole" us into the U.S when we arrive at the airport as we are not in any non-immigrant status per se and are waiting to adjust into an immigrant status (technically we are in lala land...)
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  #6 (permalink)  
Old 10-14-2010, 05:18 PM
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krish2006 has a brilliant future krish2006 has a brilliant future krish2006 has a brilliant future krish2006 has a brilliant future krish2006 has a brilliant future krish2006 has a brilliant future krish2006 has a brilliant future krish2006 has a brilliant future krish2006 has a brilliant future krish2006 has a brilliant future krish2006 has a brilliant future
Default

Quote:
Originally Posted by sunny1000 View Post
That's why they "parole" us into the U.S when we arrive at the airport as we are not in any non-immigrant status per se and are waiting to adjust into an immigrant status (technically we are in lala land...)
I am also curious about what status a person holds If working on EAD and assuming H1B I-94 is expired.

Some conclusions I have derived as follows :
When person has valid AP :
If one has applied for AP, AP document says that person is "applicant for adjustment of status" Basically valid AP is one way to show that person is "applicant for adjustment of status" which is a valid status.

When a Person does not have valid AP :
Now In a scenario, where a person working on EAD and 485 is pending but not applied for AP (assuming this person chose not to travel overseas till 485 approval hence not applied for AP), not sure how this person can say what status he is in.
One cannot use I-485 receipt notice to say what status he is in because this is what I-485 receipt notice says at the top:
"This notice does not grant any immigration status or benefit. It is not even evidence that this case is still pending.It only shows that the application or petition was filed on the date shown"
based on this I-485 receipt notice, one need to enter the receipt number into some sort of alien verification system to get reply back on valid status.
On EAD it says "This card is not proof of US citizenship or Permanent Residence"


Does anyone know a good answer for this??

Last edited by krish2006; 10-15-2010 at 09:27 AM.
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