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  #16 (permalink)  
Old 11-23-2014, 04:07 PM
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Speaking of bills in Congress, my understanding was that HR 3012 died because the Senate was opposed to a "piecemeal" reform. Are there any chances of its revival in this Congress?
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  #17 (permalink)  
Old 11-23-2014, 07:49 PM
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Quote:
Originally Posted by Administrator2 View Post

These groups will try to change the law in the next bill. And immigrants and US workers will have to defend such change.

All the provisions/fixes done by Executive order on sound legal ground and cannot be challenged in terms of legality. But watch-out for the bills in next Congress. And please don't be fooled by the broad support for legal immigration from both parties because details matter and most of these changes are very nuanced and technical, and the companies have been successful in selling crap wrapped in glassy paper. And the proof is - the current immigration backlog.
In Democracy, Power lies with those who participate and advocate for changes. IV, Thank you for your hard work and thank you for showing us the way IV.
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  #18 (permalink)  
Old 11-23-2014, 09:22 PM
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Quote:
Originally Posted by Administrator2 View Post
Question 1:
IV said that the system will allow filing Adjustment of Status when the visa number if no available. But there is no mention of this on USCIS Website

Answer 1:
Filing Adjustment of Status when the visa number is not available will require change in regulation. That is why this is not part of what is not available online, but we believe that it will be soon. Every fix that is being made has not been fully announced. IV have been advocating for this change since 2006.
Understand that IV has been advocating this change for long - which is well appreciated and praised. BUT isn't it weird that a change that been made has no official record or announcement published widely. Pls note that I am not doubting IV and don't start blasting me for it or for being not knowledgeable. I hope you consider this as a valid and reasonable question from people who have been in suffering mode from long.

Also, any idea when the proposed rule is expected to be published in the federal register, if at all?
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  #19 (permalink)  
Old 11-23-2014, 10:04 PM
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Default EAD Duration

Do they plan to give 3 year EAD increments for future EAD applications instead of current 1 or 2 year EAD's?
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  #20 (permalink)  
Old 11-23-2014, 10:05 PM
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Quote:
Originally Posted by Tarang View Post
Hi,

Is there any discussion around (or possibility of) bringing priority dates current while rule making is under process? I saw that was one of IV's ask list.

When DACA was announced in 2012, applicants were allowed to file for EAD within 2 months of announcement. Was there some special rule making or shortcut used at that time?

Thanks,
Tarang
Thanks Tarang. Since filing I-485 filing willing be worked upon, so as we understand the DHS has decided not to make VB current. Although, given a choice, it is better to have the ability to file when the visa number is not available as one can file I-485 as soon as I-140 is approved. For the proposal to make VB current, it would have been current only 1 month in an year, so everyone would have had to wait for the specific month in any year, which is far less effective than the fix to allow filing adjustment of status. This fix may take a few months, but in the long run it will work a lot better.

Please lets be mature and not try to draw parity with DACA kids. DACA kids had nothing else. You have valid status and you are employed. There is no bigger proponent of EB immigration as IV. But even we in IV feel that the more we work on immigration issues, meet with others working on the issue of undocumented and listen to their horrific stories, the more it feels to us that any attempt to compare or draw parity with undocumented is insensitive and not mature. I understand it might be hard for some folks here to understand this concept because you mostly deal with your own daily difficulties and usually don't find time to see the world through the prizm of others going through horrific experiences. But if you experience the pain of the undocumented, you will realize that what we go though is probably a small fraction what undocumented have to go though.

Last edited by Administrator2; 11-23-2014 at 10:29 PM.
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  #21 (permalink)  
Old 11-23-2014, 10:10 PM
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Quote:
Originally Posted by ameychaugule View Post
Speaking of bills in Congress, my understanding was that HR 3012 died because the Senate was opposed to a "piecemeal" reform. Are there any chances of its revival in this Congress?
This thread is specifically for sharing questions and providing clarifications for the Executive Order. Feel free to start another thread if you would like to discuss HR3012. Yes, there is a very good chance that a standalone per-country bill will come back, but it depends on the participation of larger membership. Again, participation doesn't mean posting useless messages over online forums or starting online petitions or listening of self-promoting lawyers who have no clue about what is going on. All that is pure waste of time. Participation means calling the local office of your member of Congress/Senate and setup and appointment to meet with the staff to discuss green card backlogs and explain necessity to remove per-country limits
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  #22 (permalink)  
Old 11-23-2014, 10:13 PM
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Quote:
Originally Posted by deven View Post
Do they plan to give 3 year EAD increments for future EAD applications instead of current 1 or 2 year EAD's?
Do not yet know answer to this question. We will collect all the questions for which already do not have answers and we will the decision makers.
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  #23 (permalink)  
Old 11-23-2014, 10:19 PM
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Default Thanks for all the hard work.

A couple of clarifications from the Administrator would be appreciated.

In Aman's previous email, there was a bullet point about labor process not needed to be restarted if the applicant has changed a job if the process has moved past a certain stage. Could you elaborate on this point please w.r.t this provision would be included as part of the E.O. and other information if any?

Additionally, in one of your previous posts in this thread, you have indicated that if an applicant has an approved I140 but has changed jobs, they would probably not be able to apply for EAD since it is not retroactive. Not foretelling anything, but if the purpose of the EO is to improve job mobility, wouldn't the "bad" companies prevent the purpose by not filing for EAD after I140 for employees until they have been there for some years? From the employee perspective, it would make more sense sticking on the company rather than go to another company and restart the labor process (if the answer to my previous question about labor process restarting is negative) which would take years.

Thank you so much for your hard work.

Benefits of your work are being enjoyed by thousands.
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  #24 (permalink)  
Old 11-23-2014, 10:27 PM
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Quote:
Originally Posted by sg27 View Post
Understand that IV has been advocating this change for long - which is well appreciated and praised. BUT isn't it weird that a change that been made has no official record or announcement published widely. Pls note that I am not doubting IV and don't start blasting me for it or for being not knowledgeable. I hope you consider this as a valid and reasonable question from people who have been in suffering mode from long.

Also, any idea when the proposed rule is expected to be published in the federal register, if at all?
Ok, and your question is? Or you just have a comment that it it "weird" and then pick a fight? As we tried to explain earlier, the process is still unfolding and everything is not yet in the public domain. Just FYI, there is a world beyond what you know.

If you think this is "weird" then you can believe that this change will not happen. And you can go your way. You don't have to read what we have to say. Don't you think it is weird to expect us to answer the same question over and over again. We are sharing what will happen based on WH briefing. It hasn't happened yet, but it will. And that is what we are sharing. But some folks think they are too smart - "weird"?

If some scamster lawyer will give useless "predictions" you will happily take that as the word of gospel without a shred of a doubt. But you will find it "weird" when we are sharing something that will happen in the near future, even when we are telling you that the source of the information being WH briefing. I have no desire to convince you or anyone else. You can believe that you want to believe.

No matter how long you are waiting, we don't consider this as a valid and reasonable question because you did not even ask any question?

You can go your way considering that no such rule will ever be published in any federal register.
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  #25 (permalink)  
Old 11-23-2014, 10:43 PM
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Quote:
Originally Posted by pmysore View Post
A couple of clarifications from the Administrator would be appreciated.

In Aman's previous email, there was a bullet point about labor process not needed to be restarted if the applicant has changed a job if the process has moved past a certain stage. Could you elaborate on this point please w.r.t this provision would be included as part of the E.O. and other information if any?

Additionally, in one of your previous posts in this thread, you have indicated that if an applicant has an approved I140 but has changed jobs, they would probably not be able to apply for EAD since it is not retroactive. Not foretelling anything, but if the purpose of the EO is to improve job mobility, wouldn't the "bad" companies prevent the purpose by not filing for EAD after I140 for employees until they have been there for some years? From the employee perspective, it would make more sense sticking on the company rather than go to another company and restart the labor process (if the answer to my previous question about labor process restarting is negative) which would take years.

Thank you so much for your hard work.

Benefits of your work are being enjoyed by thousands.
Thank you, these are both good questions.

At this moment, we believe that the job portability will kick-in after I-140 approval. That is, if your I140 is approved, you will be able to change employer and file I485 through another employer. I485 is filed by immigrant and you only need a letter from your employer (whosoever that employer is at that time) that they continue to support your on-going green card petition. We have shared what we know and we are also awaiting more specific details as they are still being worked on by DHS.

Regarding not being able to apply "retroactively" that response was for a specific situation question. Say if someone had I-140 approved from an employer but that person changed employer in 2011 and is now working for another employer since 2011. Such employee will not be able to take the benefit of old I-140 because that petition was already abandoned long before (in 2011) when this change will come into effect.

But if you have approved I-140 and you decide to change employer after this new rule kicks-in, then you will be able to able to use it to continue with your on-going GC process when you change your employer.

Also, you will be able to apply for your own EAD and AP after I140. You will not have to depend upon your employer to file EAD and AP. So you will have all the control of when and how to apply. It will be similar to the current process to EAD and AP after I-485 under the current system where you do not need your employer to file the paperwork. You don't even need a lawyer to file EAD and AP. The current process to file EAD and AP is so simple that you can do it yourself.

Hope this clarifies.

Last edited by Administrator2; 11-23-2014 at 10:53 PM.
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  #26 (permalink)  
Old 11-23-2014, 11:04 PM
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Quote:
Originally Posted by Administrator2 View Post
Thank you, these are both good questions.

At this moment, we believe that the job portability will kick-in after I-140 approval. That is, if your I140 is approved, you will be able to change employer and file I485 through another employer. I485 is filed by immigrant and you only need a letter from your employer (whosoever that employer is at that time) that they continue to support your on-going green card petition. We have shared what we know and we are also awaiting more specific details as they are still being worked on by DHS.

Regarding not being able to apply "retroactively" that response was for a specific situation question. Say if someone had I-140 approved from an employer but that person changed employer in 2011 and is now working for another employer since 2011. Such employee will not be able to take the benefit of old I-140 because that petition was already abandoned long before (in 2011) when this change will come into effect.

But if you have approved I-140 and you decide to change employer after this new rule kicks-in, then you will be able to able to use it to continue with your on-going GC process when you change your employer.

Also, you will be able to apply for your own EAD and AP after I140. You will not have to depend upon your employer to file EAD and AP. So you will have all the control of when and how to apply. It will be similar to the current process to EAD and AP after I-485 under the current system where you do not need your employer to file the paperwork. You don't even need a lawyer to file EAD and AP. The current process to file EAD and AP is so simple that you can do it yourself.

Hope this clarifies.

Thanks Aman for clarification. My question regarding I-140 EAD was related to the scenario you explained. There are folks around who have moved jobs in last few years and are currently working for another employer or moved to another location with a the same employer. Most of them have used their approved I-140 from previous employer to file for H1B extension.They have either their PERM pending or in process of being filed with the new employer. It was not clear if the approved I-140 from previous employment , but for an applicant currently working for another employer, can suffice requirement for filing for an EAD.

My understanding from your above response is that it would be possible. Only in the situations where I-140 has been abandoned by applicant ( by either moving out of US or moving to some other non EB visa) EAD can not be applied for. Please let me know if this understanding is correct.
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  #27 (permalink)  
Old 11-23-2014, 11:07 PM
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Default Thanks

Makes sense. Appreciate the prompt reply.
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  #28 (permalink)  
Old 11-23-2014, 11:08 PM
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Quote:
Originally Posted by sachuin23 View Post
Thanks Aman for clarification. My question regarding I-140 EAD was related to the scenario you explained. There are folks around who have moved jobs in last few years and are currently working for another employer or moved to another location with a the same employer. Most of them have used their approved I-140 from previous employer to file for H1B extension.They have either their PERM pending or in process of being filed with the new employer. It was not clear if the approved I-140 from previous employment , but for an applicant currently working for another employer, can suffice requirement for filing for an EAD.

My understanding from your above response is that it would be possible. Only in the situations where I-140 has been abandoned by applicant ( by either moving out of US or moving to some other non EB visa) EAD can not be applied for. Please let me know if this understanding is correct.
Never mind, I re-read your explanation and it looks like my understanding was incorrect. Previously approved I-140 would not be eligible for EAD if applicant has changed jobs. Those applicants would have to wait for their PERM approval and file fresh I-140 for EAD. However, they can use that EAD for any future job change.
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  #29 (permalink)  
Old 11-23-2014, 11:18 PM
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Quote:
Originally Posted by Administrator2 View Post
Thanks Tarang. Since filing I-485 filing willing be worked upon, so as we understand the DHS has decided not to make VB current. Although, given a choice, it is better to have the ability to file when the visa number is not available as one can file I-485 as soon as I-140 is approved. For the proposal to make VB current, it would have been current only 1 month in an year, so everyone would have had to wait for the specific month in any year, which is far less effective than the fix to allow filing adjustment of status. This fix may take a few months, but in the long run it will work a lot better.

Please lets be mature and not try to draw parity with DACA kids. DACA kids had nothing else. You have valid status and you are employed. There is no bigger proponent of EB immigration as IV. But even we in IV feel that the more we work on immigration issues, meet with others working on the issue of undocumented and listen to their horrific stories, the more it feels to us that any attempt to compare or draw parity with undocumented is insensitive and not mature. I understand it might be hard for some folks here to understand this concept because you mostly deal with your own daily difficulties and usually don't find time to see the world through the prizm of others going through horrific experiences. But if you experience the pain of the undocumented, you will realize that what we go though is probably a small fraction what undocumented have to go though.
Thanks for your response. I was not trying to compare our situation with DACA kids, i was just trying to point out example of rule making in the past where govt agencies completed that work much quicker than the normal timeline.
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  #30 (permalink)  
Old 11-23-2014, 11:28 PM
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Originally Posted by Tarang View Post
Thanks for your response. I was not trying to compare our situation with DACA kids, i was just trying to point out example of rule making in the past where govt agencies completed that work much quicker than the normal timeline.
Totally understand. And the policy makers have assured that this since rule making is a priority for the Administration, it would take comparatively less time. We are in this together hoping for quick implementation.
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