EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
wallpaper Fabric Origami Quilt Block
tonyHK12
02-09 08:56 PM
You can do it through the IV site. Click the Green "Donate button at the top of this page or from home page. It will display the following options from which you can choose and it will take you to paypal.
Remember to login first to IV. Image attached. There is a link in my signature which points to the same.
Quick ques: How to set up recurring payment in paypal?
Remember to login first to IV. Image attached. There is a link in my signature which points to the same.
Quick ques: How to set up recurring payment in paypal?
simple1
05-02 01:31 PM
The derivative files using primary's PD. read all posts in this thread, the I485 form and INA. it is clearly in the law.
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
I think the FB2A category has a cutoff date of 08OCT04 according to the current bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
I think the FB2A category has a cutoff date of 08OCT04 according to the current bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html
2011 Multicolor origami flower
quiquincho
03-06 06:22 PM
You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)
I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)
more...
sairam
07-04 04:14 PM
Mine was delivered at 10:25am on 07/02/2007. Priority Date: Sep 2004.
ItIsNotFunny
03-25 04:19 PM
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
more...
mbawa2574
09-07 12:11 PM
Hello All,
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
R Williams ??
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
R Williams ??
2010 origami flower origami flower
miapplicant
10-04 11:30 AM
All,
I just want to share some goods news from side.
All my checks got cashed today. I applied on July 23rd at NSC and got the receipt #'s from WAC.
I hope who ever is waiting for RN's they will get soon.
Thanks,
-rk.
Wow, I was in the same boat as you but we still have not heard anything:( What should we do?
I just want to share some goods news from side.
All my checks got cashed today. I applied on July 23rd at NSC and got the receipt #'s from WAC.
I hope who ever is waiting for RN's they will get soon.
Thanks,
-rk.
Wow, I was in the same boat as you but we still have not heard anything:( What should we do?
more...
sunny1000
07-09 12:26 AM
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
See below link...It has some explanation of the cut-off dates. I don't know if that helps. Also it has been noted the AC21 was intsrumental in re-capturing 131K visas which kept the dates current until 2005. Amazing!! We should hire the lobbying firm which worked on AC21:D
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
See below link...It has some explanation of the cut-off dates. I don't know if that helps. Also it has been noted the AC21 was intsrumental in re-capturing 131K visas which kept the dates current until 2005. Amazing!! We should hire the lobbying firm which worked on AC21:D
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
hair origami flower ball
desighee
04-21 07:03 PM
Dear Mehul,
I know a lot of people might have suggested you different things for your well being.I would really like to suggest to please try Ramdev's yoga.If possible plan a trip to India and attend a camp.Several thousand people with chronic illnesses for which medical science had apparently no cure,have fully recovered .I would really suggest you to try:http://divyayoga.com/main.htm
May be you can subscribe to Aastha channel.They show interviews of people who have recovered from last stages of cancer.
May god bless you and you fully recover.
Do do try the Ramdev camp once.
you will fully recover,
sandeep
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I know a lot of people might have suggested you different things for your well being.I would really like to suggest to please try Ramdev's yoga.If possible plan a trip to India and attend a camp.Several thousand people with chronic illnesses for which medical science had apparently no cure,have fully recovered .I would really suggest you to try:http://divyayoga.com/main.htm
May be you can subscribe to Aastha channel.They show interviews of people who have recovered from last stages of cancer.
May god bless you and you fully recover.
Do do try the Ramdev camp once.
you will fully recover,
sandeep
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
more...
ss99
05-27 05:04 PM
I cleared some grammatical errors and personalised it a little further. Sent to 10 Senators, and will send it out to the others this week. This is an incredibly easy task - if someone as lazy as I can do it, anyone can.
hot beautiful Origami flowers
pyrosleepy
10-30 09:27 AM
Why not we all hope for the best and expect the worse
more...
house Here#39;s how to create a similar
sai.bhargavi
07-07 02:02 AM
I am in NY/NJ area and oraginze some 15 people to show up for the protest, also send out some emails, make some signs & placards
I am in for NY/NJ. Can also muster about 10 ppl or more.
I am in for NY/NJ. Can also muster about 10 ppl or more.
tattoo How to Fold an Origami Flower
forever
08-03 07:07 PM
I live in IL
As per my analysis, your case will not be transferred to TSC. You should get receipt from NSC.
As per my analysis, your case will not be transferred to TSC. You should get receipt from NSC.
more...
pictures origami flower Images
grupak
11-22 09:36 AM
Mehul,
Sad to hear your situation. Greg Siskind has discussed some of the legal options on his blog http://blogs.ilw.com/gregsiskind/
As others have suggested, if possible your spouse should pursue her own path to GC through H1B employer as a realistic option. IV members would help in the job search.
Wish you and your family all the best.
Sad to hear your situation. Greg Siskind has discussed some of the legal options on his blog http://blogs.ilw.com/gregsiskind/
As others have suggested, if possible your spouse should pursue her own path to GC through H1B employer as a realistic option. IV members would help in the job search.
Wish you and your family all the best.
dresses blue origami flowers
royus77
08-03 04:55 PM
I called IO today, still no information in system about my I-485 application that I filed June 28. What is funny is they can find my H1 extension that I filed on July 22 ??!!
I asked if my case will be transfered to Texas as my I-140 is approved from Texas, answer: Yes it will transferred to Texas IF they need to. So it is not a must. we will see..
Hello Gc ,
Did you see any change in the update Date on I 140 ?Just want to check when they will update the Date on I 140 when moving from NSC- TSC
I asked if my case will be transfered to Texas as my I-140 is approved from Texas, answer: Yes it will transferred to Texas IF they need to. So it is not a must. we will see..
Hello Gc ,
Did you see any change in the update Date on I 140 ?Just want to check when they will update the Date on I 140 when moving from NSC- TSC
more...
makeup origami flowers
slowwin
02-12 01:37 PM
"self-imposed" as in 'chosen people' - as to subscribe to a higher standard to fulfill some expectation. It is not an accusation, it is called underlying presumptions in your posts.
" i did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.
peace.....!!!
" i did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.
peace.....!!!
girlfriend A colorful origami flower
apahilaj
09-10 02:31 PM
Hello friends,
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
hairstyles origami flower
missourian
09-27 10:29 PM
see my signature, no receipts till date money order not cashed, Called USCIS got an answer.... "Not yet in the System", but IO told me there is a big junk of files and it will be processed in next 30 or 40 days.
Venkat, if you are sure your check got cashed please contact USCIS they will provide you receipts
Venkat, if you are sure your check got cashed please contact USCIS they will provide you receipts
chanduv23
07-10 05:45 PM
@chanduv23:
Ok, i am not challenging you or your interpretations. I am looking into all options.
Ok, i am not challenging you or your interpretations. I am looking into all options.
csreddy329
11-17 03:53 PM
Done
No comments:
Post a Comment