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  • 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 Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending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




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  • madooripraveen
    11-18 11:09 AM
    Done.And passed it on to friends.




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  • asdcrajnet
    02-01 08:14 PM
    I guess you have decided after lots of thoughts so "all the best of luck". Do you have kids? what age group if you do? just curious
    Wondering how they would adjust to the tests, languages, discipline etc etc

    My son is 20 months old right now. I don't think he would have the slightest idea of how US is :) . He is going to enjoy the same education system which churned me out :)

    When I went last time, I checked out the schools. They are not bad as I thought. All are improving. Since my son is a US citizen, he can easily come to US for college education.




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  • gccovet
    05-21 11:28 AM
    last week i took infopass and got shedule for biometric , i am also july 2nd filler and had not receive appointment until last week.
    my appointment actually at 28th may 2008 but yesterday i went to asc and told them i will be leaving usa next week and request to take biometric fineally i am able to get biometric yesterday.
    but i have to pay $25 for him doing my fevour because with out that he isnot willing to do so.
    there is no lud today on my i-485 so could you please tell me how long it take to get lud ?
    how long it take to clear fbi?
    what is soft lud and hard lud ?
    my pd is current so will i soon see my i-485 processing ?

    Hi,
    Why did you have to pay $25? Is it for any official fees? Did you get a receipt for that 25$?
    Just curious.
    GCCovet



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  • krishnam70
    07-03 05:57 AM
    http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=0&Go.y=0

    cost 24.99 to be delivered Friday 7th. Search for F488

    Merchandise Subtotal: $ 24 .99
    Service Charge Subtotal: $ 13 .99
    Discount Subtotal: $ (5 .00)

    Your Order Total: $ 33 .98 All prices are in US dollars

    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.

    -- let the campaign begin..




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  • rk07
    09-27 02:16 PM
    Hi All,
    Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.

    I am gettign tensed as the days are passing by.

    venkat

    How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.

    Anyone in the same boat?

    Thanks,
    -rk.



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  • redds777
    11-17 06:18 PM
    Done just now .



    Agreed. better might have been,

    "The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."

    just my two cents.

    These changes won't make much difference. Still the email is a very commendable job. Thanks!




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  • wecandoit
    02-12 03:24 PM
    $25 Sent to IV
    PAYPAL: Payment Sent (Unique Transaction ID #1BA72983WV1168322)



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  • apb
    09-15 04:45 PM
    We paid money and asking for proper transparent service. There are so many inconsistencies about the way USCIS/DOS operate and utter lack of transparency in case handling. Added to this the process is complicated forcing us to spend $$ with lawyers. If I am paying money I need to know how USCIS is going to give me the service. And once known, USCIS should make it transparent so I know that they are sticking with it. THere was an excellent compilation that I saw few days back about the inefficiencies in USCIS.
    We cannot accept that they have 1million application and so they are faltering. If they cannot handle that many why take $$ from us. They could had streamlined resources/applications, etc.. but why is it my problem. I have been lawful and following all the rules. Now when will it ever be USCIS/DOS turn? Investing 10 + years in US and going back is not acceptable...




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  • anzerraja
    07-20 02:36 AM
    Here is the spreadsheet link to see the update as of July 19th 2007 12.00 AM.


    http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en


    Awesome !!!

    Please note that some of the members who have pledged have not yet filled the amount yet, so those are blanks. They will be filled in, once the members quote the pledge amount.

    This is amazing that the news about this thread has not yet reached all the other members and still the response is very very good.

    Thanks all of you !!!


    TOGETHER WE CAN GET THIS DONE TODAY.



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  • softwareguy
    07-08 03:50 PM
    Do you really believe there are 700K "unique" cases pending.
    I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..

    Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:




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  • gc_dega_gandhigiri
    06-08 07:57 PM
    Guys,

    Can I apply for Canada PR while on EAD? If yes, can someone guide me further. Would appreciate any help. Can I apply on my own or I need a agent?

    Thanks.



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  • pappu
    11-19 04:23 PM
    Question to IV core...

    After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.

    No mention about legals ?

    Please read my earlier responses on this thread. We need to now take up this issue further and tell them we did not get satisfactory response and need serious attention to our issue as a constituent.




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  • paragpujara
    01-06 07:43 PM
    My infopass appointment was pretty quick. I guess it lasted for only 5 to 7 mins. I opened an SR in the month of September however I never received SR response letter from USCIS which they said they have sent me in the last week of October so I didn't have any SR letter to show him. I carried only receipts for 485,765 and 131 for myself and my wife. I asked IO that it's been more than 90 days since I received receipts for employment based 485 and haven't received FP yet. He asked me for Photo Id and receipts for myself and my wife. Then he asked whether I received work authorization (765) and travel document (131) or not. Then he entered our information (receipt no and confirmed my address as well as my attorney's address) and was searching something in his machine and said I will get my FP soon. I asked him is there any time line? He said within 3 weeks. That's it. He said they have received many applications in the month of July and Aug and that's why they are lagging. I guess this is it. I was out of USCIS office within 10 mins.



    Parag,

    COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.

    Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.

    Eager to hear a little detail about the conversation you had with IO during Infopass appointment.



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  • BECsufferer
    05-09 11:53 PM
    However, please understand, we are asking for "fair" and "equitable" treatment for those who are already inside the country and devoted sufficient time of their life here. To me this means "justice." I can very well relate to your desperation and anger, but please don't react emotionally. The legal or technical fact remains that no-one guranteed us GC and truth of the matter is most of us said "No" when immigration officer asked " do you have plans to settle in State?" So their is no question of equitable treatment.

    ... it is possible that EB Indians are targeted by this administration. Infact in good times of this country we have done it a lot of favor instead of our home country. Now is the time to ask for "rights" for our contribution.. No Sir, I can't say thier is conspiracy as I know of none. As of us doing favor? ... is completly wrong, we all knew what and why we are coming here for. Had we had better choice we would have opted for that. Let's be honest to ourselves.

    ...So is it something that immigration is privilege when they need it and then chuck us out when they dont? Are you upto accepting that we are commodities to be used and thrown when they like? That my friend is captilism and welcome to USA. No I am not going to accept, but I am also not going to wave my fist in air and cry in-justices.

    I am sorry to sound rude and know you must be going thru a lot and this news made things worst for you, as they did for all of us. But lets also accept the truth and believe me, things will change .... they will, when? I don't know but they will. Just don't lose hope.




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  • justAnotherFile
    07-02 09:31 AM
    Type: Package
    Status: In Transit - On Time
    Scheduled Delivery: 07/02/2007
    Shipped to: DALLAS, TX, US
    Shipped or Billed on: 06/29/2007
    Service Type: NEXT DAY AIR


    still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business



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  • ksam75
    07-02 10:33 AM
    Just called FedEx to find out why mine is not delivered yet. According to her, all USCIS packets remain at local FedEx facility. It seems FedEx will notify USCIS that there are packages to be picked up and they will be picked up by the USCIS agent (mail man??). It seems USCIS dont actually allow packets into their bldg. She says FedEX has no control on when the USCIS agent will come and pick up the package




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  • suriajay12
    02-26 08:02 AM
    Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.

    Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.

    With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.

    "What is the action plan for FUTURE"?

    Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.

    Please see my answers in BOLD. Please do not assume I am mad to put in BOLD. This is just to make my point more VISIBLE.

    Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.

    Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.
    YOU GOT US WRONG.
    THEIR POINT IS VERY CLEAR TO ME. THEY ARE WILLING TO SPEND MONEY, AND DO KNOW THE COSTS INVOLVED.
    THEY ARE SPENDING CLOSE TO $5000.00 EVERY YEAR FOR 1 YEAR HI-b EXTENSIONS, VISA RENEWALS, EADs extn, APART FROM THE STRESS AND PAIN DUE TO THESE BACKLOGS.We cannot put a number on the pain this has created.
    THEY ARE NOT TALKING ABOUT $10, $50 OR $100. THEY ARE READY TO SPEND EVEN $5000.00 AS I FELT, BUT THEY WANT TO SEE THE ACTION PLAN. YOU CANNOT SAY I WILL WAIT AND WAIT AND THEN WHEN WE NEED TO, WE WILL START A CAMPAIGN AND THAT IN SHORT NOTICE WE WILL NOT BE ABLE TO GET THAT MONEY. WE UNDERSTAND THAT. BUT OUR QUESTION IS WHAT DID WE DO IN LAST NEARLY 2 YEARS APART FROM VOICING IN 07 FIASCO.


    With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
    WE UNDERSTAND AND WE WANT TO MAKE IV VERY STRONGER TOO. WE DID RESEARCH MANY SITES AND FINALLY NOTED IV IS ONE OF THE BEST WHERE SO MANY PARTICIPATE (READ AS "GIVE IDEAS, BUT NO ACTION") ALL THE TIME. WE DIDNT SEE ANY OTHER SITE WITH THIS MUCH PARTICIPATION AND HENCE WE WANT TO STICK TO THIS AND COLLABORATE HERE.

    "What is the action plan for FUTURE"?

    Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.
    WRONG. "RELIEF FROM RETROGRESSION" IS NOT THE ACTION PLAN, THATS ONE OF THE END RESULT. WE NEED TO KNOW ACTION PLAN. LOOK AT THE CURRENT STATE OF HOUSING. WE EXPECT A CAMPAIGN TO TOUCH THE RIGHT PEOPLE TO SEND THE MESSAGE HOW WE CAN HELP IN HOUSING, JOBS. WE OFCORS DO NOT SUPPORT WE GO THEIR WITH IMMIGRATION BANNER AT THIS TIME FOR OBVIOUS REASONS. DONT YOU THINK OBAMA KNOWS IT. NOW DONT COME BACK WITH 20% DOWN PAYMENT. WE NEED TO TELL THEM HOW WE CAN CONTRIBUTE.
    YOU ARE A PHD HOLDER, OR YOU ARE SOMEONE WHO HAS EXPERTISE IN SOMETHING AND CAN CREATE A JOBS. THATS WHAT THE GOVT WANTS TO HEAR. AND HERE YOU ARE NOT EVEN WISPERING..
    AGAIN "RELIEF FROM RETRO" IS JUST ONE OF THE THINGS WE WILL BE FIGHTING FOR,. THERE ARE MANY OTHER ISSUES AND FOR THAT ALSO WE NEED TO CONTRIBUTE IN MUCH SMALLER AMOUNTS EVEN AFTER OUR ISSUING ARE FIXED. THATS COMMUNITY.

    Finally one question to ALL.
    If we see a good action plan from IV Core and a date, how much are you willing to contribute.I am now ready to do $2000.00 instead of $500.00 as I said before. I am not very well-off to do this much (my friends are, though). But this looks to be nothing when compared to the loss many faced waiting 5-10- years. So I will do.
    Feel free. Remember how it feels like if you get it. and dont forget how much you are spending now for different immigration related issues. How much are you ready to contribute to IV.




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  • abq_gc
    08-17 06:18 PM
    I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
    Signed by J BARRET.
    I-140 approved from TSC
    I-140 LUD on 07/28/2007
    No receipts Yet.

    Same here..

    I-140 Approved from Texas, LUD on 07/22/2007.
    I-485 reached NSC on July 2nd.
    No receipts yet or check cashed.




    gondalguru
    08-06 11:18 PM
    My Wife's & my AP expires on 11/16/2008 and she is coming back to the States from India on Sep 9th 2008, I'm assuming her I94 would be only issued till 11/16/2008. We are then planning to apply for EAD/AP renewal , that is, after Sep 9th 2008 and my question is what is she doesn't get her renewed AP approved before 11/16/2007 (which again I'm assuming would be the date on I94 valifity) and would that make her out of status? I hope this helps

    Most likely her I-94 will be stamped for one year. As long as her I-485 is pending she will not be out of status.




    InTheMoment
    09-03 02:13 PM
    Your Welcome Notice serves as your approval notice. There are only two envelopes that one gets and you got both (Welcome Notice and Cards envelopes)

    I got the welcome notice in mail.
    I got the cards in the mail.


    I did not get the 'approval notice' yet(mailed on aug 22).
    Does it matter?



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