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 Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending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
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morchu
05-09 04:12 PM
Well... you can do nothing to bring McCain back. So there is no point in blaming Obama now.
The right thinking process should be how we can educate Obama administration, and bring him to your favor.
The right thinking process should be how we can educate Obama administration, and bring him to your favor.
GC_Green9
07-20 06:44 AM
I am In. I pledge $100 for this thread
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Contributed $400
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Contributed $400
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mchundi
05-04 10:46 AM
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
This thread is specifically discussing the Cornyn bill. I will not put down a lot of irrelevent stuff, but let me say this and end.
The tone of ur earlier posting may have hurt some people.
Some of the reforms that happened and some the IV is pursuing will probably help most H4's a long way.
Earlier (even now for those stuck in PBEC) the labor used to take 2-3 years. With PERM most of the labors r taking 4-6 months. I140 also seems to be very fast.
Now if every body is able to adjust their status upon labor approval, that is less than a year's wait time for H4. Not a bad deal.
--MC
This thread is specifically discussing the Cornyn bill. I will not put down a lot of irrelevent stuff, but let me say this and end.
The tone of ur earlier posting may have hurt some people.
Some of the reforms that happened and some the IV is pursuing will probably help most H4's a long way.
Earlier (even now for those stuck in PBEC) the labor used to take 2-3 years. With PERM most of the labors r taking 4-6 months. I140 also seems to be very fast.
Now if every body is able to adjust their status upon labor approval, that is less than a year's wait time for H4. Not a bad deal.
--MC
more...
eyeopeners05@yahoo.com
05-28 10:13 AM
Hi all,
If i takeup candian pr and discontinue my h1b, can i enter usa using the canadian pr for visit purposes if i ever wanted to ?
I have a home here and may need to visit once in a while.
Thanks
If i takeup candian pr and discontinue my h1b, can i enter usa using the canadian pr for visit purposes if i ever wanted to ?
I have a home here and may need to visit once in a while.
Thanks
gk_2000
11-17 09:24 PM
not "To easy the pain caused"
To ease the pain
To ease the pain
more...
hindu_king
05-08 04:15 PM
Reeves & Associates (California) has experience filing class action lawsuit against USCIS. His initial consultation fees is $100. For $100, he can at least tell us
1. if we have a case
2. if yes, whats the process
3. whats the cost for lawsuit
1-800-795-8009 is the number
http://www.rreeves.com/articles/immigration_en_10521.php
1. if we have a case
2. if yes, whats the process
3. whats the cost for lawsuit
1-800-795-8009 is the number
http://www.rreeves.com/articles/immigration_en_10521.php
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TheOmbudsman
10-26 11:08 AM
Your points are correct. The real question is how many more can the country take without going unsympathetic to immigration. That's their country and their decision you know.
You guys migh want to read this, if you haven't done so that already. Great article that helps you understand the shift in posture. I am afraid that things will get rougher for us. Fortunately we are in the best position possible, if we learn how to take advantage of this situation (assuming that we ever get the GC!).
http://www.spiegel.de/international/0,1518,439766,00.html
Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.
The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.
US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.
You guys migh want to read this, if you haven't done so that already. Great article that helps you understand the shift in posture. I am afraid that things will get rougher for us. Fortunately we are in the best position possible, if we learn how to take advantage of this situation (assuming that we ever get the GC!).
http://www.spiegel.de/international/0,1518,439766,00.html
Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.
The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.
US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.
more...
coopheal
09-23 05:52 PM
Excluding dependents is like making the Cap 2.5 times, when I say least controversial I intend to that everybody in the legal immigrant community will support it. If the cap becomes 300K Per annum, Iam sure everybody by which I mean even if somebody has filed for his / her labor today will get approved within 2 years (Equivalent to 600K visa numbers). Of course this will require a change of law but nobody EB1, EB2, EB3, ROW, India / China would oppose this as everybody's process gets speeded up. There is no other way to clear the backlog in its entirety and ensure that it does not happen again like this solution of excluding dependents.
my dear friend come back in reality..... to put it least harshly... “khayali pulav banana band karo” (stop day dreaming)
IV core needs to focus on real issues and obstructions which anti throw our way
my dear friend come back in reality..... to put it least harshly... “khayali pulav banana band karo” (stop day dreaming)
IV core needs to focus on real issues and obstructions which anti throw our way
hair Villa Capture The Flag (3-0)
Ram_C
11-21 12:02 PM
Dear Mehul,
I have no words to express my feelings after reading your post.
My heart goes out to you and your family, may God give you and your family the courage and strength to overcome this situation.
Do not lose your hope, Miracles do happen.
God bless you and your family.
-Ram.
I have no words to express my feelings after reading your post.
My heart goes out to you and your family, may God give you and your family the courage and strength to overcome this situation.
Do not lose your hope, Miracles do happen.
God bless you and your family.
-Ram.
more...
srikondoji
07-08 08:18 AM
To all sorts of flower campaigns,
Let us first complete July 10th mission flower campaign, where many people here including me has sent flowers for july 10th delivery.
Let us see its impact by July 11th and then try another round by sending flowers to local senators and congressmen with simple message of costs involved and lost money and oppurtunity by revised july bulletin.
Also, unless we make explicit mention of costs involved, i think impact wouldnot be felt.
Please plan the missions one after the other.
--sri
Let us first complete July 10th mission flower campaign, where many people here including me has sent flowers for july 10th delivery.
Let us see its impact by July 11th and then try another round by sending flowers to local senators and congressmen with simple message of costs involved and lost money and oppurtunity by revised july bulletin.
Also, unless we make explicit mention of costs involved, i think impact wouldnot be felt.
Please plan the missions one after the other.
--sri
hot BLACK OPS - Villa Wall Breach Glitch - Unpatched as of Feb 21 2011 (w_ Easy
saimrathi
07-10 01:47 PM
not sure, what the flowers will accomplish.. time will tell.. but writing to Senators/Representative may help.. so please do write to the senator/representative in your area...
Hi Guys,
I send a letter to senator Gregg(NH) Last week about July Visa Bulletin reversal by DOS and how its going to affect all individuals who filed their 485 based on original Visa Bulletin published by DOS.
I Just got a call from Senator's office. He is sending a letter to DOS today or tomorrow asking about July Visa Bulletin reversal.
I will post DOS reply as soon as I hear back from senator's office.
Moral of the story is time for action when iron is hot.
Thanks!
Hi Guys,
I send a letter to senator Gregg(NH) Last week about July Visa Bulletin reversal by DOS and how its going to affect all individuals who filed their 485 based on original Visa Bulletin published by DOS.
I Just got a call from Senator's office. He is sending a letter to DOS today or tomorrow asking about July Visa Bulletin reversal.
I will post DOS reply as soon as I hear back from senator's office.
Moral of the story is time for action when iron is hot.
Thanks!
more...
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jguharaman
11-22 02:37 AM
Hi Mehul
I mailed you the Pranayama instructor's email as a private message.
I would strongly recommend that. I was in India few months back and the person suffering from lung cancer had got cured by practicing Pranayama day in and day out for nearly 1 month. He was given 45 days time by the doctor, as the tumor had burst in one of the lungs.
But he had faith and got over the problem in a month's time. Doctors were surprised as well!
I would suggest you do that as well. At least discuss the options with him.
I mailed you the Pranayama instructor's email as a private message.
I would strongly recommend that. I was in India few months back and the person suffering from lung cancer had got cured by practicing Pranayama day in and day out for nearly 1 month. He was given 45 days time by the doctor, as the tumor had burst in one of the lungs.
But he had faith and got over the problem in a month's time. Doctors were surprised as well!
I would suggest you do that as well. At least discuss the options with him.
tattoo Villa Search and Destroy
TheOmbudsman
10-25 04:32 PM
I never believed the polls either. Go ahead and research how many pro CIR candidates have experienced decrease in popularity so far, how many cities have initiated ordinances against illegal immigration, how many $ was invested in lobbying senators without much success, how many anti CIR/amnesty calls outnumbered the pro CIR calls. If you do that, you may be shocked.
Guys,
I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below
Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?
Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?
Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.
Guys,
I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below
Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?
Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?
Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.
more...
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sreenivas11
08-14 08:48 AM
Update from http://www.immigration-law.com/
dresses Black Ops Gameplay - Villa
abq_gc
08-18 02:36 PM
What is the "LOWER HANGING BALLS" AND "LOWER HANGING SHIT" means? Why can't these assholes approve all the old cases and then move the dates to 2003 or 2004 or even 2006.
These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
more...
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pamposh
08-18 01:37 PM
I dont *****ing care if they are under pressure... they still have to follow the guideliens.... just an analogy... just because ur under pressure to reach work on time... doesnt give you the liberty to speed... u still have to follow the speed limits... whatever.... i am just damn frustrated with this whole mess
Completely agree with you. What the heck is this... why not just assign the visa numbers to application as per their PD and then see if the case can be instantly approved or needs more investigation.
Completely agree with you. What the heck is this... why not just assign the visa numbers to application as per their PD and then see if the case can be instantly approved or needs more investigation.
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sam2006
07-19 06:58 PM
count me in also ....
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tonyHK12
02-17 02:59 PM
Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
I would prefer if you didn't edit my replies. Of course its each persons preference to think his posts are ideas and others are rants.
Lets delete posts that are not relevant to this thread.
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
I would prefer if you didn't edit my replies. Of course its each persons preference to think his posts are ideas and others are rants.
Lets delete posts that are not relevant to this thread.
avi_ny
07-21 09:40 PM
EAD application mailed to USCIS on 21 May 2008
There was one RFE - USCIS requesed two photos. They were shipped on July 2nd.
I have not received any FP Notice. (strange)
Approved EAD (1 year) received on 21 July 2008 (Today)
There was one RFE - USCIS requesed two photos. They were shipped on July 2nd.
I have not received any FP Notice. (strange)
Approved EAD (1 year) received on 21 July 2008 (Today)
jsb
11-02 11:56 AM
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
cjain:
Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.
Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.
There are always grey areas in law, otherwise we don't need lawyers:).
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
cjain:
Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.
Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.
There are always grey areas in law, otherwise we don't need lawyers:).
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