dpp
01-07 08:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
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 Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending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 BCIS 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 of 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If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied.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 BCIS 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.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
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 BCIS 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 of 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 BCIS 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.
vrbest
05-07 04:09 PM
Soft LUD means the date changed but no message content change..
Hard LUD means both date and message changed..
THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD
Thanks
Hard LUD means both date and message changed..
THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD
Thanks
guyfromsg
10-04 09:37 PM
17. The US consulates and CBP are Googling you!
Thanks for sharing the info. This part is really scary. I know potential employers are doing it. Can't believe CBP is doing it. You mean they will do it when you hand over the passport and I-94 at the airport and make a decision on that. WOW
Thanks for sharing the info. This part is really scary. I know potential employers are doing it. Can't believe CBP is doing it. You mean they will do it when you hand over the passport and I-94 at the airport and make a decision on that. WOW
panky72
05-21 02:03 PM
hi,
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
I think the interim EAD is no longer available. But you might get your EAD before Aug 16th. I got my EAD in 45 days (paper file at NE)
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
I think the interim EAD is no longer available. But you might get your EAD before Aug 16th. I got my EAD in 45 days (paper file at NE)
more...
eb3_nepa
11-06 04:49 PM
It doesnt matter whether the clients of the employer are for-profit or not (obviously). The only thing relevant is whether or not the organization for which your wife will work is classified as not-for-profit.
What if the organization qualifies as a "medical" related organization. Dealing Solely with hospitals etc?
What if the organization qualifies as a "medical" related organization. Dealing Solely with hospitals etc?
bigboy007
06-03 01:57 AM
This came up to my mind : In senate there was voting on whether to bring immigration bill or not on to table , voting is around 60+ - 30+ , now these 30+ are sure they are going to reject it atleast with 90% confidence. we need to target the remaining 60 more compared to 30 who are already against to senate bill. This is very imp i dont know how to gather those details any help please ?
more...
cris
08-30 12:22 PM
outstanding answer , gg_ny ! Thank you very much
FredG
April 17th, 2004, 08:15 PM
Sounds like a soap opera to me. :rolleyes:
Fred
Fred
more...
aps
01-07 12:13 AM
is it possible to get answer to this question by infopass?
texanguy
02-02 01:45 PM
previously discussed.
check out my post and gc28262 's response in the following link
http://immigrationvoice.org/forum/showthread.php?t=23111&page=2
I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.
check out my post and gc28262 's response in the following link
http://immigrationvoice.org/forum/showthread.php?t=23111&page=2
I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.
more...
poorslumdog
08-23 09:08 PM
I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
Thanking you in anticipation.
Before someone gives you answer...can you answer this. Why someone should help you or provide any answer to you. In the last two years your post count is 5. So never participated in any drive, help fund raise....first IV need to get ride of selfish &*^%& like you. I wish and request others not to answer you...
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
Thanking you in anticipation.
Before someone gives you answer...can you answer this. Why someone should help you or provide any answer to you. In the last two years your post count is 5. So never participated in any drive, help fund raise....first IV need to get ride of selfish &*^%& like you. I wish and request others not to answer you...
javadeveloper
07-21 12:44 AM
thanks tinamatthew for your time and answers,
yeah it's fair law for those who re enters into usa , but not for those who lived in US for many years and have few gaps in employment.Anyhow it's a real scenario and it's my case.I gave all W2s to my company and I am not sure whether they submitted all the W2s or not , I need to check with them.I am much worried about how to proceed if my company sends all w2s to CIS and if CIS sends me RFE/NOID.I am also in dilemma to whether to consult any lawyer or not (My company uses corporate lawyers and I can't contact them directly) , even if contact any good lawyer , I am not sure if i have any options left.There are many unanswerd questions :mad: .Thanks again.
yeah it's fair law for those who re enters into usa , but not for those who lived in US for many years and have few gaps in employment.Anyhow it's a real scenario and it's my case.I gave all W2s to my company and I am not sure whether they submitted all the W2s or not , I need to check with them.I am much worried about how to proceed if my company sends all w2s to CIS and if CIS sends me RFE/NOID.I am also in dilemma to whether to consult any lawyer or not (My company uses corporate lawyers and I can't contact them directly) , even if contact any good lawyer , I am not sure if i have any options left.There are many unanswerd questions :mad: .Thanks again.
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Jim
January 5th, 2005, 08:27 PM
Very nice, Freddy. I like what you have done with this image. The red is perfect.
ssnd03
07-30 02:17 PM
Congratulations on your approval. Yor are really lucky and we envy you.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
Remember one and only one thing prevents FIFO (First in First Out) for I485 approvals and that is FBI name-check delays. I do not believe FIFO is not honored due to USCIS processing problems.
(BEC backlogs also inhibit GC FIFO but hopefully that will be over by Sep 2007)
This guy's security checks were cleared timely and he got a visa number as soon as they were available.
It is rumored that USCIS in last month assigned visa numbers to applicants without FBI security-check completion. However, these GCs will not be approved if FBI checks are not completed by Sep 30, 2007 and the visa numbers will be returned to DOS. Hence, it remains to be seen how many visa numbers will be wasted in FY 2007 despite the fact that the visa bulletin says U August onwards.
Next to retrogression, this is a serious problem. But the irony is that retrogression allows FBI to enjoy, at our cost, years of delay in doing their job. However, you can also be so unlucky that your name-check does not clear when years later your PD becomes current
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
Remember one and only one thing prevents FIFO (First in First Out) for I485 approvals and that is FBI name-check delays. I do not believe FIFO is not honored due to USCIS processing problems.
(BEC backlogs also inhibit GC FIFO but hopefully that will be over by Sep 2007)
This guy's security checks were cleared timely and he got a visa number as soon as they were available.
It is rumored that USCIS in last month assigned visa numbers to applicants without FBI security-check completion. However, these GCs will not be approved if FBI checks are not completed by Sep 30, 2007 and the visa numbers will be returned to DOS. Hence, it remains to be seen how many visa numbers will be wasted in FY 2007 despite the fact that the visa bulletin says U August onwards.
Next to retrogression, this is a serious problem. But the irony is that retrogression allows FBI to enjoy, at our cost, years of delay in doing their job. However, you can also be so unlucky that your name-check does not clear when years later your PD becomes current
more...
new_phd
06-15 04:05 PM
Congrats RLNY122004! Dont forget IV!
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
Oasis52
05-15 02:44 PM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
more...
Milind123
08-16 06:05 AM
I would like to share my experience with the immigration officer in India.
Way back in 2000 when I landed in India, the IE went thru my passport and asked me if I had overstayed my stay in US. (US Visa had expired for over a year my current H1 papers were in my travel bag which had to be checked in because the European Lufthansa staff thought the bag was too big to be used as a carry in). Anyways, I did not have the papers to show and I requested the office to let me go to the baggage claim area to retrieve my papers. I don't know why he was suspicious and he said and I paraphrase "I am going to impound your passport, If I don't see those papers as you have overstayed your visa".
to be continued.....
Way back in 2000 when I landed in India, the IE went thru my passport and asked me if I had overstayed my stay in US. (US Visa had expired for over a year my current H1 papers were in my travel bag which had to be checked in because the European Lufthansa staff thought the bag was too big to be used as a carry in). Anyways, I did not have the papers to show and I requested the office to let me go to the baggage claim area to retrieve my papers. I don't know why he was suspicious and he said and I paraphrase "I am going to impound your passport, If I don't see those papers as you have overstayed your visa".
to be continued.....
geniousatwork
09-22 08:56 PM
Tsc
which service center tsc or nsc????
which service center tsc or nsc????
ramaa
06-21 11:00 PM
Thank you for reply.
Can I request to port 2003 PD at the time of filing 2nd I-140
or
Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.
Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.
I appreciate your input.
Thanks
Can I request to port 2003 PD at the time of filing 2nd I-140
or
Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.
Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.
I appreciate your input.
Thanks
immig4me
04-14 08:17 AM
Problem is they do not report it on froum or tracker, and leave the forum for ever... because they know there will be a lot of people asking questions or making them miserable by trying to prove them wrong... go figure...
Be + ive...
True Story!!!:cool:
Very true! They will count their blessings and forget the bad taste of long waits.......
I am not sure that gc's without pds happen though
Be + ive...
True Story!!!:cool:
Very true! They will count their blessings and forget the bad taste of long waits.......
I am not sure that gc's without pds happen though
acecupid
04-14 10:10 AM
One of my collegues who works for the same company and has the same priority date as myself (March, 05 EB3 ) got his GC last year. Thats the only person I know personally who got his GC out of turn. I havent heard of any other cases, so I am guessing its a pretty rare occurance.
