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 Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending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 Wallpaper Pokemon Cromo by
test101
07-09 10:41 AM
I found this in the one of the forums.. please people contact the report have people hear us.
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
Longwait2004
08-28 05:03 PM
My app reached NSC on 07/24.No checks have been cashed out yet...Obviously no receipts either..
2011 Pokemon Wallpaper
will_v_ever_get_GC
11-21 01:31 PM
Dear Mehul...
I wish and pray that God gives strength to you and your family in this difficult situation. And as fellow IV'ns have mentioned, Prayer and Faith in Life/Almighty can do wonders. By the attitude in your note, I do feel you have that ... and somehow I have a feeling things will be fine for you and your family.
As suggested by many people, if possible, please do get a 2nd opinion from a renowned doctor in India. And do start Yoga/Pranayam. Meditation and proper breathing exercise have helped folks with very serious conditions and these are surely worth trying.
And for your GC, I would second the suggestions of writing to senator and USCIS.
Your family should be your reason to continue to have faith and NOT give up...
Heartfelt wishes and prayers with you... Always !!!
I wish and pray that God gives strength to you and your family in this difficult situation. And as fellow IV'ns have mentioned, Prayer and Faith in Life/Almighty can do wonders. By the attitude in your note, I do feel you have that ... and somehow I have a feeling things will be fine for you and your family.
As suggested by many people, if possible, please do get a 2nd opinion from a renowned doctor in India. And do start Yoga/Pranayam. Meditation and proper breathing exercise have helped folks with very serious conditions and these are surely worth trying.
And for your GC, I would second the suggestions of writing to senator and USCIS.
Your family should be your reason to continue to have faith and NOT give up...
Heartfelt wishes and prayers with you... Always !!!
more...
.jpg "Cute Pokemon Wallpaper Windows")
WeShallOvercome
10-08 03:09 PM
We are all missing a point here.
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
srikondoji
07-05 11:08 AM
I sent it for Friday deliver.
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..
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..
more...
syzygy
07-10 08:19 AM
Racial Discrimination Policy followed by USA Immigration
some suggestions on the content that we should put on the banners for the San
Some Quotes from famous people which might help in the rally:
There is nothing less to our credit than our neglect of the foreigner and his children, unless it be the arrogance most of us betray when we set out to ''Americanize'' him. Charles Horton Cooley 1864-1929, American Sociologist
We can add some thing personal below the above statement on the pamphlets
Everywhere immigrants have enriched and strengthened the fabric of American life.
--John F. Kennedy
PS: So Let it be �.
America was and is the immigrant's dream.
Don DeLillo
PS: Do not smash it by the incompetent immigration services
Remember, remember always, that all of us, and you and I especially, are descended from IMMIGRATIONs and revolutionists.
Franklin D. Roosevelt 1882-1945, Thirty-second President of the USA
ps:....
The divide of race has been America�s constant curse. They divide us by the country of origin and allocate the green card where in they have to look what an individual can offer to the country.
If you are an Indian or Chinese or Mexican rot for 11 years before you are accepted by the country as a permanent resident. This is what the Immigration law sounds like now.
�. hehehe my quotation
some suggestions on the content that we should put on the banners for the San
Some Quotes from famous people which might help in the rally:
There is nothing less to our credit than our neglect of the foreigner and his children, unless it be the arrogance most of us betray when we set out to ''Americanize'' him. Charles Horton Cooley 1864-1929, American Sociologist
We can add some thing personal below the above statement on the pamphlets
Everywhere immigrants have enriched and strengthened the fabric of American life.
--John F. Kennedy
PS: So Let it be �.
America was and is the immigrant's dream.
Don DeLillo
PS: Do not smash it by the incompetent immigration services
Remember, remember always, that all of us, and you and I especially, are descended from IMMIGRATIONs and revolutionists.
Franklin D. Roosevelt 1882-1945, Thirty-second President of the USA
ps:....
The divide of race has been America�s constant curse. They divide us by the country of origin and allocate the green card where in they have to look what an individual can offer to the country.
If you are an Indian or Chinese or Mexican rot for 11 years before you are accepted by the country as a permanent resident. This is what the Immigration law sounds like now.
�. hehehe my quotation
2010 pokemon wallpaper. pokemon
indrachat_75
02-24 06:24 AM
I just donated $100, "Your transaction ID for this payment is: 0P617419CG619635X.".
Unfortunately I can't participate for the event.
Unfortunately I can't participate for the event.
more...
aquarianf
04-24 11:29 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
hair pokemon wallpapers. ho-oh
mariusp
02-15 09:11 AM
I actually did call in mid Nov. and opened a SR. I then got a canned response about a month ago on how the case is within processing time and blah blah... I call again this morning and apparently their system was experiencing some kind of problem and the rep. wasn't able to open a new SR although she did apologize and thought that 5 months is an excessive amount of time to wait for biometrics. She then transferred me to an IO who based on the service center processing times posted online told me that they're currently processing May 07 and my receipt date of July 12 is not up yet.... What a bunch of BS!
Call them a lot of us did, when we got moved from one center (receipt notice) to another for processing. You should get a FP notice soon after you talked to them!
Call them a lot of us did, when we got moved from one center (receipt notice) to another for processing. You should get a FP notice soon after you talked to them!
more...
needhelp!
02-11 12:17 PM
Are you folks waiting for the next amendment banning all H1B renewals?
If we don't stand up against this NOW, its going to be too late.
If we don't stand up against this NOW, its going to be too late.
hot Cute Pokemon Wallpaper Windows
subdhar
08-24 01:35 PM
did you get this approval from TSC or nebraska??
more...
house Pokemon Wallpaper
petepatel
08-13 11:19 AM
Congrats Petepatel !!
This gives me a reason to be optimistic about my EAD, i filed on july 1st too.
Hope you get it soon. :o
This gives me a reason to be optimistic about my EAD, i filed on july 1st too.
Hope you get it soon. :o
tattoo Pokemon Pokemon wallpaper
actaccord
02-17 11:11 AM
local chapters....I have been part to two chapters but not seeing any communication happening around. On one chapter last communication is on June 2010 with 170 members and on another chapter last communication is on Dec 2010 with 9 members.
Local chapters need to be as active as IV forum to engage their members to take part actively.
Local chapters need to be as active as IV forum to engage their members to take part actively.
more...
pictures wallpapers de pokemon.
gkattalu
08-28 07:24 PM
My wife and I submitted affidavits about the date of birth. We received our approvals 10 days without any RFEs about those affidavits.
-GK
For those who got approvals,
Were there any RFEs regarding birth certificates in the cases where an affidavit was submitted initially?
I submitted birth affidavit with my application, PD 24/March/06, goes current from 1/Sep.
I understand from my parents that it takes good effort and may take long time to get the birth certificate. It will be a great help if you can share your experience.
Thank you.
-GK
For those who got approvals,
Were there any RFEs regarding birth certificates in the cases where an affidavit was submitted initially?
I submitted birth affidavit with my application, PD 24/March/06, goes current from 1/Sep.
I understand from my parents that it takes good effort and may take long time to get the birth certificate. It will be a great help if you can share your experience.
Thank you.
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raydhan
06-20 09:16 AM
logiclife,
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
more...
makeup Funny-Pokemon-Wallpaper.jpg
glus
08-26 12:26 PM
Hi:
EAD applied 07/08/2008 - renewal -TSC
No Luds, no finger print notice, nothing....
Status: pending.
EB3.
EAD applied 07/08/2008 - renewal -TSC
No Luds, no finger print notice, nothing....
Status: pending.
EB3.
girlfriend Pokemon Cartoon Wallpaper
reddymjm
06-07 05:55 AM
It is better to take your time and make sure everything is sound, then hurry and miss something.
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
My attorney said the checks should be payable to USCIS not DHS. The PD is always ur LC filed date. Receipt date is when the application is received and notice date is when they assing a LIN/wac number and take ur money.
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
My attorney said the checks should be payable to USCIS not DHS. The PD is always ur LC filed date. Receipt date is when the application is received and notice date is when they assing a LIN/wac number and take ur money.
hairstyles Pokemon - Ash Wallpaper for
gchopes
02-04 11:31 AM
If US employer agrees to retain you as a consultant working from India. Can one continue to work for US employer on Indian salary as a consultant employed by Indian consulting firm? As a consultant we can come for a 3 month visit on B1/B2 and continue family life in India. Do you see any issues here?
sam2006
07-20 10:53 AM
Sam2006
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
but i had already paid 100 yesterday
is there any way to divert the funds i paid yesterday to this funding drive ?
I think you didn't notice my message.
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
but i had already paid 100 yesterday
is there any way to divert the funds i paid yesterday to this funding drive ?
apt29
01-29 05:42 PM
thanks for the reply but i already accepted the employment with the employer who sponsored my H1B
H1 is valid for an year from the date of last used/Approval.
H1 is valid for an year from the date of last used/Approval.
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