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 Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending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

How did I miss this thread for 2 days!!!

Delax and other EB2 wonderkids here:

Law is for people and not the otherway around. Law is not like edging on stone (even then the stone can be replaced with a new edging on it) it is like writing on a paper with a pencil that can be erased, altered, rewritten - if required.

Personal sufferings take priority over skills. Be it on political grounds or humantarian grounds. Else, illegal immigration would not have taken the center stage and pushed you smart kids to the floor.

There is no rule that says ALL spill overs would be given to higher category before flowing down to lower category. If that was the case, last 2007, not all categories would have become current - as if there were less than 60K applications pending from EB2 as of June 15th, they wanted to give some to EB3 as well. Nope. Law allowed them to distribute the spill over to ANY category they wish.

It is not insane to issue spill over to EB3 PDs under 2002 and EB2 PDs say 2004 or 2005. But it is insane to issue GC to EB2 PD 2006 (may be 2007 in september if enough VISAs are still pending by 15th of August) and ask EB3 2001 to wait until October. EB2 can have preference but that does not mean they take EVERYTHING.

And one more thing. It is not easy for everyone in EB3 to change over to EB2 even if they are legally eligible. I can give hundred reasons. Few simple reasons, people may not want to leave their current job as it may be an excellent job/organization/career. May not want to leave their current place due to family reasons. Simple, they do not want to go through another GC process after having waited for 7-5 years! Well these are 'human' reasons which you may not understand as (of late) you believe only in law - which in your opinion - what was that - an absolute entity!

There is no law without people.

In the SR, was there any timeframe such as wait for 30/60/90 days?

I sent an email to my congressman immigration staffer on Monday, about my spouse's case ( EB2 I, Dec 2005). Got a snail mail yesterday that they did not get a response and are still waitng for a response. Today, i called their office and they said they got a response and the case is assigned to on officer and wait till September 10th. My wife had spoken to 2 tier support on Auguts 5th who said your case is assigned to an officer and you are pre adjucated. We also got a response to our SR created on August 5th, which says case under review. I guess the wait goes on.

I have received receipts for I-485/EAD/AP applications for me and my wife on September 10th, 2007. They came from CA service center (numbers start with: WAC).

--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.

PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: 09/08/2007
Receipts received: 09/10/2007
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Did you read this post ?

http://immigrationvoice.org/forum/showthread.php?t=6053



Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!

I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.

Sent on Jun 29th. I don't know when it has reached. My dates were available in June. I am hoping it should have reached Jun 30th.

Anyone know if they accept packages on Saturday?

How are you guys seeing these check images? Did you pay for this out of your own pocket?

I'm assuming your assumption is correct :)

There is no way for me to see check images for this, since my company paid

woowww great news. keep up guys. tomorrow will be our day. I am sure media will have big attention on this issue!!

It would be great, if few people remain present at USCIS HQ. DC, VA, MD people please it is golden chance !!




http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD



Message from USCIS Director Emilio Gonzalez

I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

+++++++++++++

I am pretty for EB3 folks. This is really not fare to those genuine guys (not substitute ones) waiting more than 7 years. I am know few friends applied with me in EB3 have lost green card hope. They are eligible for EB2 when applying but only reason that stopped them is their company don't want them to apply in EB2 category. Praying god is the only thing I can do for them..

Is the Visa Bull right or the Mumbia console??..which :o one..

I have convinced a few people at work to do this. Their point is, if we really want to do this, let's do it in a way that works. After receiving a few deliveries, USCIS will get the idea and direct it's lobby security to refuse all further flower deliveries. What's our plan for that situation?

How did the people who delivered nuts to CBS make it happen? The delivery was actually done via UPS. It's difficult to refuse a UPS packet in the security lobby! Should we send chocolates via UPS instead? It will be much more difficult to refuse deliveries of chocolates.


Media will not let it go...ALL THEY NEED IS NEWS!!! Which is new...Let us give a shot.

Just idea.

Contributed $50.

Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.


So what were your expectations from EB3-I in those past years .... to fight for EB2-I and write to USCIS saying please don,t issue GC's to us but instead use those Visas and issue it our EB2 - mates.

Dude ..awesome post

Hi guys,
it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.

I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.

DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.

Once again, HELL with these stupid receipting process.

Hope atleast some of you can understand the pain in the whole friggin process.

FETCH_GC

I never said I'm doing any community service, I care for my green card, and I am not getting it because of the country cap. That is why country ca is my problem. But if I am able to convince a lawmaker and get something in place, while I get my Green card, thousands others will get it who are in line before me, and obviously people who are after me will move forward in line. May be with your kind of brains and temperament it is hard for you to understand, but it is simple for 60 plus people who are in our Yahoo group...

Look man, I don't know who you are and what's your story. But I do know this. Giving a false impression to others and misleading others on this forum and on any other forum is not going to help. You seem to project that only you care for the issue of country-limits. I think the better description is, you only care for the removal of country limits till the day you get your green card. You do NOT want to remove country limits on EB beyond the date you receive the approval of your application. Giving a false impression to a few on this forum that temporarily removal of country limits will be easier than permanent removal of country limits is just WRONG.

After IV admin posted for the media interview few days back, I sent them an email expressing my willingness to speak with the press. I spoke with Vivek Wadhwa at length last week about this issue. Vivek Wadhwa article in Washington Post covers the issue of country limits where as his previous articles have not covered this issue.

http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html

"Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered".

I also called a member of IV core yesterday evening and they told me that they have told you not to do whatever that you are doing. I was told that you are hurting their effort and you have been told this pretty clearly. But you continue with this senseless and direction less ranting and you continue to cause damage to the effort for the removal of country-limits.

Its disgusting that rather than working with others to fix this complicated and difficult issue, you continue to beat your own drum, without actually doing anything, but at the same time hurting the issue you claim you care for. And on top of that you want to remove the country limits only until you get your green card. Is that rationale to you in any which way?????? No. Is your action selfish????? YES.


.

Just curious


EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2

IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing (based on my observation, I might be wrong so take it easy). If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums. Hope we get out of this EB2 vs EB3 and as focus on visa recapture.

My I-140 was approved by NSC in feb 2007, and my I485 was delivered on aug 10 to TSC.
1. Does anyone think that my case might be transfered to NSC (since I140 was approved there).
2. Can i file for AP without getting recipt for 485 (instead of recipt i am planning to attach the fedex delivery notice)
3. Is there any way i can find whihc center is having my application.

Thanks a lot sujijag.

Grand Total - $1094

Come on folks lets help IV, to get things done for US.

IV is I/WE.

GO IV GO. TOGETHER WE CAN.

Contributed $50
Immigration Voice $50.00 02/13/2009 8MWS5-D1N6F

My APs are pending approval, I was told they reimburse if we write to them. Did they reject your apps and paid you back the checks? We also got our cards this 15th, what do we need to do at the SSN office, please guide.

Thanks,
znan

Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.

Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)

The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.

Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.

Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.

Yes.

has it been more than a month since you opened SR??