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  #256 (permalink)  
Old 11-20-2014, 11:15 PM
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Default EAD for I140 Missing from DHS and USCIS Official Documentations

Executive Actions on Immigration | USCIS

http://www.dhs.gov/sites/default/fil...ss_actions.pdf

Both of these documents doesn't mention about EAD for I140 (aka pre-registration option)... am I missing something??? Sorry guys just wanted to make sure that its part of the official announcement.
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  #257 (permalink)  
Old 11-20-2014, 11:35 PM
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Quote:
Originally Posted by rbusgc View Post
Executive Actions on Immigration | USCIS

http://www.dhs.gov/sites/default/fil...ss_actions.pdf

Both of these documents doesn't mention about EAD for I140 (aka pre-registration option)... am I missing something??? Sorry guys just wanted to make sure that its part of the official announcement.
I don't see it spelled out that way anywhere, but I assume that if IV is so confident about it, it will be done! After all, the devil is in the details...there's a lot of detail that needs to follow this announcement, let's stay tuned!

BTW, I found this online which seems relevant to the issue at hand. I wonder if IV can throw some light on whether the rulemaking process for it has already begun, or was planned at one point in 2009 and then dropped? If so, can they pick it up again to expedite it or does it start from scratch??

View Rule: Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications
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  #258 (permalink)  
Old 11-20-2014, 11:41 PM
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As per the whitehouse page It's time to fix our broken immigration system | The White House, "Expanding work authorization for high-skilled workers who are in line for a green card". It seems they are talking about EAD.
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  #259 (permalink)  
Old 11-20-2014, 11:53 PM
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I echo your feelings . Its bitter sweet ,more on the sweeter if I may add . There is no doubt whatsoever that its a win & credit has to be given where it is due , IV leadership deserves kudos.

My only concern is are we getting into a trap of ead , ap backlogs ? would we be in line with our undocumented friends for EAD's? IV leaders need your guidance on this.
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  #260 (permalink)  
Old 11-21-2014, 12:49 AM
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Thanks Immigrationvoice for the work you are doing. I found the document from the DHS website in which the EO is outlines and they have the following does it imply visa recapture?


Modernizing the Employment-Based Immigrant Visa System
As you know, our employment-based immigration system is afflicted with
extremely long waits for immigrant visas, or "green cards," due to relatively low green
card numerical limits established by Congress 24 years ago in 1990. The effect of these
caps is further compounded by an immigration system that has often failed to issue all of
the immigrant visas authorized by Congress for a fiscal year. Hundreds of thousands of
such visas have gone unissued in the past despite heavy demand for them.
The resulting backlogs for green cards prevent U.S. employers from attracting and
retaining highly skilled workers critical to their businesses. U.S. businesses have
historically relied on temporary visas- such as H-lB, 1 L-lB,2 or 0-13 visas-to retain
individuals with needed skills as they work their way through these backlogs. But as the
backlogs for green cards grow longer, it is increasingly the case that temporary visas fail
to fill the gap. As a result, the worker's temporary status expires and his or her departure
is required. This makes little sense, particularly because the green card petition process
for certain categories requires the employer to test the labor market and show the
unavailability of other U.S. workers in that position.
To correct this problem, I hereby direct USCIS to take several steps to modernize
and improve the immigrant visa process. First, USCIS should continue and enhance its
work with the Department of State to ensure that all immigrant visas authorized by
Congress are issued to eligible individuals when there is sufficient demand for such
visas. Second, I ask that USCIS work with the Department of State to improve the
system for determining when immigrant visas are available to applicants during the fiscal
year. The Department of State has agreed to modify its visa bulletin system to more
simply and reliably make such determinations, and I expect USCIS to revise its current
regulations to reflect and complement these proposed modifications. Third, I direct that
USCIS carefully consider other regulatory or policy changes to better assist and provide
stability to the beneficiaries of approved employment-based immigrant visa petitions.
Specifically, USCIS should consider amending its regulations to ensure that approved,
long-standing visa petitions remain valid in certain cases where they seek to change jobs
or employers.
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  #261 (permalink)  
Old 11-21-2014, 01:23 AM
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Quote:
Originally Posted by rbusgc View Post
Executive Actions on Immigration | USCIS

http://www.dhs.gov/sites/default/fil...ss_actions.pdf

Both of these documents doesn't mention about EAD for I140 (aka pre-registration option)... am I missing something??? Sorry guys just wanted to make sure that its part of the official announcement.
I agree with you. I am also trying to read between the tea leaves..The only benefit that is clearly spelled out is this - "Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status."
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  #262 (permalink)  
Old 11-21-2014, 01:41 AM
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Quote:
Originally Posted by rbusgc View Post
Executive Actions on Immigration | USCIS

http://www.dhs.gov/sites/default/fil...ss_actions.pdf

Both of these documents doesn't mention about EAD for I140 (aka pre-registration option)... am I missing something??? Sorry guys just wanted to make sure that its part of the official announcement.
This document is listing only the things that will be done through internal Memo. Then there will be Regulatory changes, which are not listed in this document. EAD for H-4 is waiting for final regulation due Dec/Jan. Early Filing of Adjustment of Status is also a regulation, and so on.
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  #263 (permalink)  
Old 11-21-2014, 02:05 AM
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agreed
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  #264 (permalink)  
Old 11-21-2014, 03:31 AM
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Congratulations IV on a job well done. IV is catering to an audience whose needs are always changing. When someone is on OPT and missed out on H1 lottery he is looking for relief there. Others have the H1 but cannot get an EAD and some have the EAD but cannot get the card. It is truly unlikely that any fixes will cover the full spectrum and it just takes a couple of internet tigers to kick up an idiotic ruckus on the forum. Kudos to the IV team for maintaining the decorum on the face of such idiocy and not lose sight of the long term needs of immigrants.

Great work and congratulations on years of toil bearing some fruits at last. I think the current executive order would benefit a lot of people.
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  #265 (permalink)  
Old 11-21-2014, 03:36 AM
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How soon will these regulatory changes occur? Is there going to be official release about these proposed regulatory changes?

Quote:
Originally Posted by Administrator2 View Post
This document is listing only the things that will be done through internal Memo. Then there will be Regulatory changes, which are not listed in this document. EAD for H-4 is waiting for final regulation due Dec/Jan. Early Filing of Adjustment of Status is also a regulation, and so on.
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  #266 (permalink)  
Old 11-21-2014, 07:25 AM
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Thanks IV for your selfless service.
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  #267 (permalink)  
Old 11-21-2014, 08:27 AM
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Thank you for your effort. Well done.
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  #268 (permalink)  
Old 11-21-2014, 08:48 AM
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Quote:
Originally Posted by Administrator2 View Post
This document is listing only the things that will be done through internal Memo. Then there will be Regulatory changes, which are not listed in this document. EAD for H-4 is waiting for final regulation due Dec/Jan. Early Filing of Adjustment of Status is also a regulation, and so on.
USCIS document shows timeline of 90 days for additional DACA applicants and 180 days for parents of citizens/LPRs. Is it possible for them to bring priority dates current for skillbased categories so that majority of approved I140s can file EAD/AP while USCIS work on regulatory changes which acoording to you can take about 6-7 months?
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  #269 (permalink)  
Old 11-21-2014, 09:09 AM
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Thank you IV core for continuing to truly represent the issues of our community.
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  #270 (permalink)  
Old 11-21-2014, 10:24 AM
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Admins, did the the 240 day provision for EAD made it to regulation/EO? Thanks.

"8. Grant automatic extensions for 240 days of Work Authorization and Advance Parole if extension was filed prior to expiry of Work Authorization or Advance Parole."

Quote:
Originally Posted by Administrator2 View Post
This document is listing only the things that will be done through internal Memo. Then there will be Regulatory changes, which are not listed in this document. EAD for H-4 is waiting for final regulation due Dec/Jan. Early Filing of Adjustment of Status is also a regulation, and so on.
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