ravi.shah
11-18 10:35 AM
Sent Emails...
Thanks everyone !
Thanks everyone !
wallpaper “It was quite tough,” Emma
narendery
08-18 12:18 PM
My husband also got welcome e-mail mentioning about ADIT processing but when he received his card there was no information regarding ADIT processing, should we do anything about it? We have no clue, please help!!!
Thanks,
Mita
When did you receive email and when did you receive your card ?
Thanks,
Mita
When did you receive email and when did you receive your card ?
roseball
04-01 03:33 AM
Hi All,
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
I believe you are thinking you will only get the H1 extended with this new company till Mar 2010 and you will have to apply again.
When you apply for H1 with this new company, you can request for an extension for 3 yrs based on your approved I-140. Just go ahead and apply for H1 using AC21 with a copy of I-140 approval notice. You will get it for 3 more years....No need to use your EAD.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
I believe you are thinking you will only get the H1 extended with this new company till Mar 2010 and you will have to apply again.
When you apply for H1 with this new company, you can request for an extension for 3 yrs based on your approved I-140. Just go ahead and apply for H1 using AC21 with a copy of I-140 approval notice. You will get it for 3 more years....No need to use your EAD.
2011 Daniel Radicliffe: Emma Watson
partha_vus
07-04 12:41 PM
My application delivered on Jul 2, 11:25 PM to Nebraska my PD: Jan 2001
more...
mnq1979
09-23 01:52 PM
Hi mnq1979,
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx
hiralal
05-09 03:34 PM
yes ..I agree with most of the above. the new admin is more protectionist .. I wonder if the analysis will show that a large number of immigrant visas were wasted !!!
in republicans you have 20% against immi but democrats maybe 80% against
hopefully BJP will come to power in India and retaliate against nuclear deal ..and then they will realise that protectionism cuts both ways !!
in republicans you have 20% against immi but democrats maybe 80% against
hopefully BJP will come to power in India and retaliate against nuclear deal ..and then they will realise that protectionism cuts both ways !!
more...
nc14
08-18 02:30 PM
Who so ever is willing to support SunnySurya read his earlier posts.
All I can get from his posts is MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC.
We don't have much options. Let us jointly send letters to Ombudsman and USICS director and hope something will come out of it.
.................................................. ................
Proud to be an IVian
Supported all the campaigns so far
$470 + $50 recurring
All I can get from his posts is MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC.
We don't have much options. Let us jointly send letters to Ombudsman and USICS director and hope something will come out of it.
.................................................. ................
Proud to be an IVian
Supported all the campaigns so far
$470 + $50 recurring
2010 emma watson kissing scene with
rc0878
08-27 02:31 PM
Filed I485/EAD/AP on July 19th @ NSC. Checks not cashed yet...No receipt#
more...
pappu
10-18 10:38 AM
PAPPU,
I think we all understand we are in this together. No doubt.
A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.
I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
this is a good (or a bad ) idea and suggests what to do, our members will be energized.
For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.
Also, the same letters signed are ready in an envelope to be snail mailed.
So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.
Thanks.
__________________________________________________ ___
Your idea is good and I would encourage you to go ahead and send such letters to lawmakers. Any effort that is in line with IV's agenda and helps us in any way will be helpful to all of us. IV endorsed efforts are listed in action alerts page. If you choose to go and meet the lawmakers we have put together all information for this purpose
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
as a policy we are only focussed on issues faced by high-skilled legal immigrants waiting in line for their greencards.
When the session starts I am sure based on where the issues are going and after consultation with QGA and within core team there maybe some action alerts that involves contacting lawmakers.
Your efforts sending letters to lawmakers will certainly help us in raising awareness and preparing groundwork for coming months.
I think we all understand we are in this together. No doubt.
A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.
I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
this is a good (or a bad ) idea and suggests what to do, our members will be energized.
For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.
Also, the same letters signed are ready in an envelope to be snail mailed.
So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.
Thanks.
__________________________________________________ ___
Your idea is good and I would encourage you to go ahead and send such letters to lawmakers. Any effort that is in line with IV's agenda and helps us in any way will be helpful to all of us. IV endorsed efforts are listed in action alerts page. If you choose to go and meet the lawmakers we have put together all information for this purpose
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
as a policy we are only focussed on issues faced by high-skilled legal immigrants waiting in line for their greencards.
When the session starts I am sure based on where the issues are going and after consultation with QGA and within core team there maybe some action alerts that involves contacting lawmakers.
Your efforts sending letters to lawmakers will certainly help us in raising awareness and preparing groundwork for coming months.
hair emma watson kissing scene with
buddyinsd
08-26 01:47 PM
Whats ur PD? U r not current in Aug right?
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
more...
kg318
04-23 10:00 PM
Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
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.
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
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.
hot Emma Watson Kiss Pics. Rupert
delhiguy
07-08 06:36 PM
The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.
I have a question , if someone want to answer it.
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
I have a question , if someone want to answer it.
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
more...
house emma watson kiss rupert grint.
niklshah
08-10 07:01 PM
All:
I received an email on 8-8 saying card production ordered and on 8-9 about the welcome kit.
My PD is April 2 2004 EB2 (US educated for the idiot who tried to divide us b/w US and non US educated)
As a token of appreciation - I have contributed $100 to IV just now.Receipt ID: 1467-8132-5592-9911. Request all of those who get GC this month to contribute some $ amount. Although I was not very active in the forums I have contributed at least $400 to this cause and I will do the same in the future. Please do not try to divide b/w EB3 EB2 US educated etc. which I am noticing lately.
WE REALLY NEED TO HELP OUR EB3 FRIENDS. PLEASE CONTRUBUTE ONCE IN AN YEAR ATLEAST. I HAVE NOTICED THE MOMENT THEY GET GC THEY FORGET THE PAST DIFFICULTIES AND MOVE ON WHICH IS FINE. BUT IF POSSIBLE CONTRIBUTE ONCE IN AN YEAR.
great spirit buddy keep it up and thanks
I received an email on 8-8 saying card production ordered and on 8-9 about the welcome kit.
My PD is April 2 2004 EB2 (US educated for the idiot who tried to divide us b/w US and non US educated)
As a token of appreciation - I have contributed $100 to IV just now.Receipt ID: 1467-8132-5592-9911. Request all of those who get GC this month to contribute some $ amount. Although I was not very active in the forums I have contributed at least $400 to this cause and I will do the same in the future. Please do not try to divide b/w EB3 EB2 US educated etc. which I am noticing lately.
WE REALLY NEED TO HELP OUR EB3 FRIENDS. PLEASE CONTRUBUTE ONCE IN AN YEAR ATLEAST. I HAVE NOTICED THE MOMENT THEY GET GC THEY FORGET THE PAST DIFFICULTIES AND MOVE ON WHICH IS FINE. BUT IF POSSIBLE CONTRIBUTE ONCE IN AN YEAR.
great spirit buddy keep it up and thanks
tattoo Rupert Grint On Kissing Emma
msp1976
05-06 07:11 PM
Who the heck dug up the depression thread...
It was away for a while guys.....Put it away...
It was away for a while guys.....Put it away...
more...
pictures Emma Watson Grossed Out By On
andy garcia
10-05 11:58 AM
This is true. A majority of the Dems are sensible people. BTW, although they are against outsourcing, they are not against immigration. The two issues are quite different.
Can you definesensible people.
I think that what they want is the Hispanic vote taken away from the Republicans. They are a bunch of crooks. Sen Kennedy said: Anybody jumping the fence now should get a greencard.
What abot the legal ones tha t habe been here 5+ years waiting for a GC.
Can you definesensible people.
I think that what they want is the Hispanic vote taken away from the Republicans. They are a bunch of crooks. Sen Kennedy said: Anybody jumping the fence now should get a greencard.
What abot the legal ones tha t habe been here 5+ years waiting for a GC.
dresses Emma Watson terrified about
abq_gc
08-18 03:00 PM
you manage people with a stick ?? :)
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
more...
makeup Harry Potter star Rupert Grint
PDOCT05
08-28 09:54 AM
I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.
I have counted my self from diff forums and seen around 10+ cases who got their RN's.
I have counted my self from diff forums and seen around 10+ cases who got their RN's.
girlfriend Emma Watson had to quot;grit her
alisa
12-12 09:22 PM
Thanks for your advice. The intent of the letter is to show a different perspective to Senator Sessions. Nothing more or nothig less. He said he did not receive any feedback from legal immigrants. Fine, we say here it comes. If he continues to block legal immigration reform bills, he has to find another pretext, not "no feedback from immigrants".
There is always a rational side in every human being. Senator Sessions is smart. Let us hope Senator Sessions surprises us by bringing his own version of EB immigration reform.
I agree whole-heartedly.
Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
We have a legitimate, common sense and good cause on our side.
In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?
If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.
But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.
It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......
Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?
There is always a rational side in every human being. Senator Sessions is smart. Let us hope Senator Sessions surprises us by bringing his own version of EB immigration reform.
I agree whole-heartedly.
Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
We have a legitimate, common sense and good cause on our side.
In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?
If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.
But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.
It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......
Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?
hairstyles 2011 emma watson rupert grint
simple1
05-01 02:35 PM
This is my understanding. Please take time to read INA, I485 application and current VB.
1. The category of the derivative and quota of derivative is not related to I485.
All that matter at the time of derivative I485 application is the
a) primary's priority date is current
b) primary's I485/AOS application pending.
read the I485 application again Part2 option b. "My spouse or parent applied for adjustment of status or"
Gurus, Forum-Attorneys, IV-Core, feel free to correct me.
2. We are more concerned about the quota. where the derivative falls. I strongly believe they must be out of EB2 quota and placed under FB2A.
There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.
1. The category of the derivative and quota of derivative is not related to I485.
All that matter at the time of derivative I485 application is the
a) primary's priority date is current
b) primary's I485/AOS application pending.
read the I485 application again Part2 option b. "My spouse or parent applied for adjustment of status or"
Gurus, Forum-Attorneys, IV-Core, feel free to correct me.
2. We are more concerned about the quota. where the derivative falls. I strongly believe they must be out of EB2 quota and placed under FB2A.
There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.
pooja_34
08-31 01:29 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.
Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.
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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