mukraw6
08-13 02:00 PM
Its been 2 weeks that I have received my receipts for 485,765,131 from NSC. Thanks
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swarnapuri
07-09 09:04 AM
There is a reason FOX interviewed this fucker... I'm not a big fan of FOX news; another set of conservative idiots.
Do not use inappropriate words.
Do not use inappropriate words.
hdos
06-10 08:01 PM
I do worry about the stay here rightnow, I do not worry about when green card comes.
I do have family and have to take of many things since we are since 7 year in this country.
It would not be enough time to wind up everything in such a short period of time.
If you are talking about having vacation for 1 year in india and come back after 1 year, there are again 100000 people like me who wants to come back. So it is not simple to come back after you go out of this country, and even though they are going after foreign labor doing american jobs.
Even it will be the good to start GC process from the beginning from different company after H1 transfer and having continues stay rather than going back and finding another US employer. I do not know at this moment, how will that happend.
Anyways, once I go back than I would not like to come back and waste 10 years of my life to become citizen of different country. It is a total waste of time and money. anyways that is a diff story, we are not discussing that here rightnow.
I sent him an email and I will be filing WH4 with DOL if he does not reply.
Rightnow the issue is to find out the reason for I140 Denial, hopefully employer will reply.
Thanks,
I do have family and have to take of many things since we are since 7 year in this country.
It would not be enough time to wind up everything in such a short period of time.
If you are talking about having vacation for 1 year in india and come back after 1 year, there are again 100000 people like me who wants to come back. So it is not simple to come back after you go out of this country, and even though they are going after foreign labor doing american jobs.
Even it will be the good to start GC process from the beginning from different company after H1 transfer and having continues stay rather than going back and finding another US employer. I do not know at this moment, how will that happend.
Anyways, once I go back than I would not like to come back and waste 10 years of my life to become citizen of different country. It is a total waste of time and money. anyways that is a diff story, we are not discussing that here rightnow.
I sent him an email and I will be filing WH4 with DOL if he does not reply.
Rightnow the issue is to find out the reason for I140 Denial, hopefully employer will reply.
Thanks,
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waitnwatch
05-25 07:40 PM
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
more...
Blog Feeds
04-27 11:00 AM
The antis regularly say that unathorized immigrants get a range of public benefits but don't pay any taxes. Not so. They're paying $8.4 billion a year in sales taxes and $1.2 billion in income taxes. And they don't get most public benefits. They get public schools for their kids and emergency rooms can't turn them away. That's pretty much it. In the mean time, a company that earned $14 billion in profits last year paid zero taxes.
More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)
More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)
Desertfox
02-06 03:52 AM
Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.
My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.
There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.
Thanks in advance for your comments on this.
My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.
There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.
Thanks in advance for your comments on this.
more...
sina
01-15 09:52 AM
You can travel with old visa and new approval i797. I have traveled with these documents and no problem at POE. No need to get new stamping.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.
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nrk
10-17 10:15 AM
Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand
Hi I am in 4th year of working with a cosulting company. Their response is little slow, but committed to what ever they say. Overall i like the present company.
It is Paradigm Infotech based in Maryland. If you want to check out take a number from the website and call them directly.
Hi I am in 4th year of working with a cosulting company. Their response is little slow, but committed to what ever they say. Overall i like the present company.
It is Paradigm Infotech based in Maryland. If you want to check out take a number from the website and call them directly.
more...
TeddyKoochu
03-17 10:29 AM
During my H-1B visa interview at the Delhi Consulate I was told that my Visa is approved but some additional documents are needed. A pink slip, 221(g), was given to me, I submitted all the documents same day. Its been a week and the online status shows 'case is being processed'. I also have a valid advanced parole and I am thinking of entering on AP if the 221(g) takes too long. My question is, the consulate still has my passport, will there be any issues if I ask my passport back? how long does it take to get the passport back? Will the passport be stamped for '221(g) in progress? what kind of issues I can have at the POE? Thanks in advance.
Iam guessing that you are a research background person. Normally your case should get cleared in 2-3 weeks. They also look at your travel plans that you indicated on the DS forms (This used to be on DS-157, Iam not sure about DS160) and try to expedite before that. Keep checking the site for bi-weekly updates.
Iam guessing that you are a research background person. Normally your case should get cleared in 2-3 weeks. They also look at your travel plans that you indicated on the DS forms (This used to be on DS-157, Iam not sure about DS160) and try to expedite before that. Keep checking the site for bi-weekly updates.
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TeddyKoochu
07-29 03:26 PM
The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.
I must correct the following facts for you.
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
I must correct the following facts for you.
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
more...
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Almond
07-13 01:00 PM
Wow Wow Wow.
Watch out..Before typing think.
You are the Administrator of the site!!!
I do understand the wild posts though
What are you drinking, I think it's you who has to watch out. And how rude of you to tell someone else to think before they type, especially the administrator of the site. It looks to me like he did think before he typed all that and it makes perfect sense. You come on here and want to be a member, you live by their rules, whatever those rules may be, otherwise you're free to go somewhere else. Simple as that. It's their website, they do as they wish, you don't like it, good bye. "Watch out..Before typing think". You're hysterical.
Watch out..Before typing think.
You are the Administrator of the site!!!
I do understand the wild posts though
What are you drinking, I think it's you who has to watch out. And how rude of you to tell someone else to think before they type, especially the administrator of the site. It looks to me like he did think before he typed all that and it makes perfect sense. You come on here and want to be a member, you live by their rules, whatever those rules may be, otherwise you're free to go somewhere else. Simple as that. It's their website, they do as they wish, you don't like it, good bye. "Watch out..Before typing think". You're hysterical.
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PresidentO
02-10 08:46 PM
dvb123,
Update your profile
You seem to say that EB-4 & EB-5 are completely expiring. If I am not mistaken, pieces of them are. Not the whole categories.
Update your profile
You seem to say that EB-4 & EB-5 are completely expiring. If I am not mistaken, pieces of them are. Not the whole categories.
more...
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rsrikant
11-02 11:37 AM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
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tonyHK12
11-09 02:18 PM
I am sure many of you would agree with the below observations -
I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..
I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.
Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)
Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:
As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..
Agreed it is not good to blindly trust the media. Stocks, housing, 401K - financial institutions have a vested interest in getting a bulk of your investments and are big political contributors and fund some media outlets.
But who would benefit if a reputed London company talks against US immigration, not the UK. This is not even an Indian news paper.
But your GC is close anyway so its good to wait, but try to find an unbaised opinion, only your friends and relatives may be able to help you out with reality.
I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..
I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.
Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)
Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:
As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..
Agreed it is not good to blindly trust the media. Stocks, housing, 401K - financial institutions have a vested interest in getting a bulk of your investments and are big political contributors and fund some media outlets.
But who would benefit if a reputed London company talks against US immigration, not the UK. This is not even an Indian news paper.
But your GC is close anyway so its good to wait, but try to find an unbaised opinion, only your friends and relatives may be able to help you out with reality.
more...
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lazycis
01-10 04:23 PM
My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.
Correct.
Correct.
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Cheran
04-08 02:16 PM
There is a correlation between election year and immigration. But if that works out, lets say they make the priority date current, it does not matter whether you filled in 2005 or 2007. Now, we are assuming that they will make the date current. You never know, they might bring some weird rule, which take the priority date as a criteria. So what I am saying is, its your call. If I were in your position, I would wait atleast until we get some answers about the new initiatives....
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
more...
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amberGC
07-19 10:34 AM
Miguy, check ERAS carefully- there are two places for your visa status: one- your curent visa and the other your visa status when you will join the residency, July 2008. For the second, you need to put EAD if you do not have it in had now. Most programs know what EAD is, but you may need to give an explanation to others...
Thanks guys for your help- really appreciate. I also think I cannot join residency on EAD as of now. Just wanted to check if I am missing something important here... Please do inform if you come accross something relevant:)
Thanks guys for your help- really appreciate. I also think I cannot join residency on EAD as of now. Just wanted to check if I am missing something important here... Please do inform if you come accross something relevant:)
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krishnam70
05-05 01:47 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage
-cheers
kris
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage
-cheers
kris
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lelica32
04-16 12:56 PM
Is it B1 or B2 visa ?
Even with a B visa you cannot work without permision from DHS.
Even with a B visa you cannot work without permision from DHS.
Michael chertoff
04-26 02:35 PM
Why did we all come to USA?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Brother, just relax. Take a deep breath and try to take a nap.. you will be OK. I can understand your frustration.
Get well Soon my friend.
MC
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Brother, just relax. Take a deep breath and try to take a nap.. you will be OK. I can understand your frustration.
Get well Soon my friend.
MC
gotgc?
09-14 10:20 AM
Thanks for all your replies!
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.
My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.
My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.
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