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  #316 (permalink)  
Old 04-01-2015, 03:09 PM
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konerusai will become famous soon enough konerusai will become famous soon enough
Default Hope to hear some good news soon

waiting for an update.
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  #317 (permalink)  
Old 04-01-2015, 10:48 PM
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Default

Comments section in this article has been taken over by NumbersUSA fanboys.
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  #318 (permalink)  
Old 04-02-2015, 09:00 AM
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Is October 2015 guesstimate still valid for the I-140 fix?

Patiently forever,
D
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  #319 (permalink)  
Old 04-02-2015, 04:10 PM
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Default USCIS feedback request

Just received this email from USCIS. Can IV provide some guidelines on how we should respond to this email?

Dear Stakeholder,

On March 19, 2015, U.S. Citizenship and Immigration Services (USCIS) hosted a listening session on business-focused immigration enhancements. Such enhancements are part of the November 2014 executive actions to modernize, improve, and clarify employment-based immigrant and nonimmigrant visa programs to grow our economy and create jobs.

We continue to encourage stakeholders to submit comments to Public.Engagement@uscis.dhs.gov in response to the specific questions that USCIS asked at the engagement:

What are the most important policy and operational changes that would streamline and improve the process of employment-based beneficiaries’ applying for adjustment of status to that of a lawful permanent resident while in the United States?

a. What are some ideas for modernizing and improving the immigrant visa process for employment-based beneficiaries?

USCIS is currently working with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability. What are some ideas for modifying the Visa Bulletin system for employment-based immigration?

If possible to extend employment authorization (EAD) eligibility to beneficiaries of approved Form I-140 petitions who are unable to file for adjustment of status due to visa unavailability, what should be the timeframe after approving an I-140 petition for conferring an EAD?

Should a beneficiary’s priority date and porting eligibility be preserved when the petitioner withdraws an otherwise approved or approvable I-140 petition and/or terminates its business? How should the portability provisions be crafted to allow for this?

What are some ideas for improving how USCIS evaluates “same or similar” in an AC21 analysis of two jobs?

a. Should USCIS implement an application process, which would include a form and fee, to request AC21 portability (e.g. pre-adjudicate whether a new position is the same or similar as the I-140 position)?

What are the concerns, if any, of Form I-140 petitioning employers with regard to increasing the flexibility of USCIS’ analysis of INA 204(j) portability?

What are the concerns, if any, of Form I-140 petitioning employers with regard to increasing the flexibility of the Form I-140-related work authorization eligibility for beneficiaries of approved Form I-140 petitions?

What are the concerns, if any, with satisfying the eligibility criteria for EB-2 national interest waivers?

a. What are some ideas for standards for granting a national interest waiver, including waivers for foreign inventors, researchers and founders of start-up enterprises to benefit the U.S. economy?

Thanks.

Karthik.
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  #320 (permalink)  
Old 04-02-2015, 04:16 PM
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konerusai will become famous soon enough konerusai will become famous soon enough
Default I too received the same email

I have just looked at the email.
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  #321 (permalink)  
Old 04-02-2015, 05:31 PM
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DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice
Default

One more question for the senior members…

It is clear from Adminstrator2 responses that two separate fixes are/will be in the works:
Fix1: EAD and AP for I-140
Fix2: Filing Adjustment of Status when the priority date is not current in Visa Bulletin

Assuming Fix1 happens first and Fix2 happens later, I, as the employee, am still bound to the same employer, right? It just means that I can chose not to extend H1/H4. I assume H4 spouse will also get EAD/AP.

Fix 2, since it allows filing AOS, is the only fix that would allow me to change jobs either upon filing (new rule?) or after 180 days (existing AC21 rule after filing I-485).

In summary, Fix1 will only free me up from H1/H4 eternity. Fix2 will free me up from H1/H4 and Employer.
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  #322 (permalink)  
Old 04-02-2015, 06:19 PM
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Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute
Default

Thanks Karthik, for sharing this. We have been expecting and waiting for this before responding to these questions. Please standby, and we will post a comprehensive response that everyone will be able to use/send.

Thank you!



Quote:
Originally Posted by kzs145 View Post
Just received this email from USCIS. Can IV provide some guidelines on how we should respond to this email?

Dear Stakeholder,

On March 19, 2015, U.S. Citizenship and Immigration Services (USCIS) hosted a listening session on business-focused immigration enhancements. Such enhancements are part of the November 2014 executive actions to modernize, improve, and clarify employment-based immigrant and nonimmigrant visa programs to grow our economy and create jobs.

We continue to encourage stakeholders to submit comments to Public.Engagement@uscis.dhs.gov in response to the specific questions that USCIS asked at the engagement:

What are the most important policy and operational changes that would streamline and improve the process of employment-based beneficiaries’ applying for adjustment of status to that of a lawful permanent resident while in the United States?

a. What are some ideas for modernizing and improving the immigrant visa process for employment-based beneficiaries?

USCIS is currently working with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability. What are some ideas for modifying the Visa Bulletin system for employment-based immigration?

If possible to extend employment authorization (EAD) eligibility to beneficiaries of approved Form I-140 petitions who are unable to file for adjustment of status due to visa unavailability, what should be the timeframe after approving an I-140 petition for conferring an EAD?

Should a beneficiary’s priority date and porting eligibility be preserved when the petitioner withdraws an otherwise approved or approvable I-140 petition and/or terminates its business? How should the portability provisions be crafted to allow for this?

What are some ideas for improving how USCIS evaluates “same or similar” in an AC21 analysis of two jobs?

a. Should USCIS implement an application process, which would include a form and fee, to request AC21 portability (e.g. pre-adjudicate whether a new position is the same or similar as the I-140 position)?

What are the concerns, if any, of Form I-140 petitioning employers with regard to increasing the flexibility of USCIS’ analysis of INA 204(j) portability?

What are the concerns, if any, of Form I-140 petitioning employers with regard to increasing the flexibility of the Form I-140-related work authorization eligibility for beneficiaries of approved Form I-140 petitions?

What are the concerns, if any, with satisfying the eligibility criteria for EB-2 national interest waivers?

a. What are some ideas for standards for granting a national interest waiver, including waivers for foreign inventors, researchers and founders of start-up enterprises to benefit the U.S. economy?

Thanks.

Karthik.
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  #323 (permalink)  
Old 04-02-2015, 06:30 PM
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VolatilityMaster is on a distinguished road
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wow, another two weeks and now this again?
they just request feedback over and over until eternity without giving the public any timeline
I start to doubt if 'visa modernization' is going to come out this October or ever...



Quote:
Originally Posted by Administrator2 View Post
Thanks Karthik, for sharing this. We have been expecting and waiting for this before responding to these questions. Please standby, and we will post a comprehensive response that everyone will be able to use/send.

Thank you!
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0 out of 1 members found this post helpful.
  #324 (permalink)  
Old 04-02-2015, 07:04 PM
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Default Include L1A and L1B Visa holders with I140 Approvals in your suggestion to USCIS

Dear Administrator2,

Please include people with their I140 approved on their L visa and stayed in US for over 5 years without a H1 Visa due to lottery system in the suggestion you provide to USCIS.

Though people like me have I140 approval, we cannot take any advantage of Obama EO, since we dont have H1 B visas like all of you guys due to lottery system for last few years.
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  #325 (permalink)  
Old 04-02-2015, 07:12 PM
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Exclamation Request to Admin

Quote:
Originally Posted by Administrator2 View Post
Thanks Karthik, for sharing this. We have been expecting and waiting for this before responding to these questions. Please standby, and we will post a comprehensive response that everyone will be able to use/send.

Thank you!
Dear IV admin,

Although I am going to add/emphasize on my version of the comprehensive reply that IV wants us to send out, I am requesting IV admin to please request decoupling NIW from EB2. As such NIW qualification has become as tough as EB1B. Coupling of NIW to EB2 defeats the purpose of modernization of the NIW category, where people like me who are stuck with NIW have nowhere to go (other than remain bound to abusive H1B employers) and there is no way to start a company because of the massive EB2 backlog.
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  #326 (permalink)  
Old 04-02-2015, 07:23 PM
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Post H1B visa limit impacting L1B Visa conversion

Dear Administrator,

Though there may be very few people who are in same situation as me. People like me who are on L1 and waiting for H1B visa year after year but without luck due to lottery system are at a disadvantage. And not sure if I will be lucky this year too due to limited number of H1B visas.

Kindly include any such regulation that I140 approved L1 visa holders are eligible for H1 Visa outside lottery system.
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  #327 (permalink)  
Old 04-02-2015, 07:27 PM
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Exclamation L1 to H1 Conversion for I140 approved people so that they can stay past 5 years

Dear Administrator,

Though there may be very few people who are in same situation as me. People like me who are on L1 and waiting for H1B visa year after year but without luck due to lottery system are at a disadvantage. And not sure if I will be lucky this year too due to limited number of H1B visas.

Kindly include any such regulation that I140 approved L1 visa holders are eligible for H1 Visa outside lottery system.
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  #328 (permalink)  
Old 04-02-2015, 09:29 PM
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Default I think this makes sense

Posted by USGCTracker (60) 13 minutes ago#1894
to satish78:

I think they are purposely doing this because DACA \DAPA were on hold SO WH\USCIC are waiting to see the judgement on Apr-17-2015 to release from injunction.

Until that point , there will be no progress for I140EAD or PreReg... They will keep asking for time and delay it.
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  #329 (permalink)  
Old 04-03-2015, 12:48 PM
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dkshitij has a reputation beyond repute dkshitij has a reputation beyond repute dkshitij has a reputation beyond repute dkshitij has a reputation beyond repute dkshitij has a reputation beyond repute dkshitij has a reputation beyond repute dkshitij has a reputation beyond repute dkshitij has a reputation beyond repute dkshitij has a reputation beyond repute dkshitij has a reputation beyond repute dkshitij has a reputation beyond repute
Default

For visa bulletin system:

USCIS & DoS need to come out and acknowledge openly that the quotas have not kept up with the times, resulting in backlogs, and that the system is not designed for it fairly.

Use up all visas by Aug & make all dates "current" in Sept just to let everyone file for I-485. Do it this year because there will be no pre-registration for sure by Oct. This is easy enough to do as in the past "inventory build up" has been a reason given by DoS to move dates.

All the fixes being discussed are going to take at least a couple of (fiscal) years to wring them through the regulatory process and hit the actual "Start" button on them. Let us emphasize the need for immediate relief while the regulatory framework is reworked. No more waiting endlessly to get the "right" relief which never shows up or has been endlessly delayed till now.

We are patient to get the right regulatory changes implemented but that should not hinder us from advocating immediate relief.
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  #330 (permalink)  
Old 04-05-2015, 07:05 PM
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greenappletx is infamous around these parts
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please send comments to USICS questions, mark a copy to Leon and Lori

I have sent like below, it can be used as template but you can modify the wording according. If you like something, feel free to modify your response.



Public.Engagem., Leon.Rodriguez@uscis.dhs.gov, Leon.Rodriguez@dhs.gov, Lori.Scialabba@dhs.gov, uscis
Hi,

Thanks for your email. Pls find my comments to your questions.


What are the most important policy and operational changes that would streamline and improve the process of employment-based beneficiaries’ applying for adjustment of status to that of a lawful permanent resident while in the United States?

a. What are some ideas for modernizing and improving the immigrant visa process for employment-based beneficiaries?

Comment: 1.Unused Visa recapture 2. counting only primary member for green card, not all family members (re-interpretation) 3. Immediately issuing EAD+AP once I140 is approved, EAD should be for both applicant and dependents including job portability, accepting promotions, out of country travel. This EAD should have validity at least for 3 years

USCIS is currently working with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability. What are some ideas for modifying the Visa Bulletin system for employment-based immigration?
Comment:1. Allocate visas immediately, not to wait till mid or end of year 2. recapture unused visa every year 3. predict/propose visa movements , remove country quota
If possible to extend employment authorization (EAD) eligibility to beneficiaries of approved Form I-140 petitions who are unable to file for adjustment of status due to visa unavailability, what should be the timeframe after approving an I-140 petition for conferring an EAD?
comment: It should be immediately after i140 approved, giving time like 90 or 180 days gives bad sign to employers and many employers might miss use it. If at all you want to consider timeline to make employers happy, then it should be 1 or max 2 years from which employee is working for that employer ( NOT FROM ANY date of i140 approval) i.e he should be working for employer for at least 1 year. But I favor allocation I140 immediately rather than any time wait
Should a beneficiary’s priority date and porting eligibility be preserved when the petitioner withdraws an otherwise approved or approvable I-140 petition and/or terminates its business? How should the portability provisions be crafted to allow for this?
Comment: Yes, once I140 approved, employee should not be tied to employer; Pre-registration (concurrent filing) would be allowed, hence while filing I140,EAD application would be filed and once I140 approved, he should be moved to EAD status on USCIS system even though it takes some time to receive a physical EAD card.

What are some ideas for improving how USCIS evaluates “same or similar” in an AC21 analysis of two jobs?

a. Should USCIS implement an application process, which would include a form and fee, to request AC21 portability (e.g. pre-adjudicate whether a new position is the same or similar as the I-140 position)?

Comment: This clause should be removed. Once I140 approved, he can do any work like a green card holder, he can start a company, if person working on IT,now he can work on marketing or DJ or professor etc

What are the concerns, if any, of Form I-140 petitioning employers with regard to increasing the flexibility ofUSCIS’ analysis of INA 204(j) portability?
Comment: No concern but most welcoming and a best decision
What are the concerns, if any, of Form I-140 petitioning employers with regard to increasing the flexibility of the Form I-140-related work authorization eligibility for beneficiaries of approved Form I-140 petitions?
Comment: No concern but most welcoming and a best decision
What are the concerns, if any, with satisfying the eligibility criteria for EB-2 national interest waivers?

a. What are some ideas for standards for granting a national interest waiver, including waivers for foreign inventors, researchers and founders of start-up enterprises to benefit the U.S. economy?

Comment: All I140 approved should be granted
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