Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > IV Agenda and Legislative Updates
Click to log in with Facebook
IV Agenda and Legislative Updates Immigration Voice's Agenda and Legislative Updates

Reply
 
LinkBack Thread Tools Display Modes
  #31 (permalink)  
Old 11-24-2014, 12:30 AM
Junior Member
Priority Date
:
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Feb 2013
Posts: 14
legalimmi11 will become famous soon enough legalimmi11 will become famous soon enough
Default Job portablity after I-140

First of all thanks much for your efforts on these changes and clarifying doubts.

I have some follow up questions on Job portability after I-140 which means that we will not have to restart green card process with new employer.

1. Is this a different provision than allowing AOS after approved I-140. If it is a separate point then can it be done quickly with memo or this change will be done by rule making?

2. Is Same or Similar Occupation Classification change applicable to this rule? Can i change a job in higher role and don't need to restart the perm and I-140 again and continue my GC process with old 140 (Assuming that I can't file AOS and cant get the EAD/AP as of now)?
Bookmark and Share Compare Reply With Quote


  #32 (permalink)  
Old 11-24-2014, 12:40 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Nov 2006
Posts: 996
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

Quote:
Originally Posted by sachuin23 View Post
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.
Yes that is correct. Although, this analysis is based on series of discussions with policy makers over past several months. So we'd say that lets wait for the final rule notification/memo etc. No one can tell ahead of time for certain about the finer details of these rules. And please save yourself from not depending on any immigration lawyer website to look for answers because NO immigration lawyer was part of any of these discussions and we don't think they have any clue what happened or what will happen. In the coming weeks, as folks will be looking for answers, some usual suspects will start posting "inside information" ;-) on their websites, and in our experience most of this information is not true.

We would suggest that you save yourself time and not waste time on reading mostly useless discussions over online forums. When the information will be released you will for sure know and we will also send newsletter. If we know something sooner, and we are able to share that information, then we will for sure let you know.
Bookmark and Share Compare Reply With Quote


  #33 (permalink)  
Old 11-24-2014, 12:47 AM
Donor
Priority Date
:
Jun-10
Category
:
EB2
I140 Mailed Date
:
11/11/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2009
Posts: 88
sachuin23 has a reputation beyond repute sachuin23 has a reputation beyond repute sachuin23 has a reputation beyond repute sachuin23 has a reputation beyond repute sachuin23 has a reputation beyond repute sachuin23 has a reputation beyond repute sachuin23 has a reputation beyond repute sachuin23 has a reputation beyond repute sachuin23 has a reputation beyond repute sachuin23 has a reputation beyond repute sachuin23 has a reputation beyond repute
Default

Quote:
Originally Posted by Administrator2 View Post
Yes that is correct. Although, this analysis is based on series of discussions with policy makers over past several months. So we'd say that lets wait for the final rule notification/memo etc. No one can tell ahead of time for certain about the finer details of these rules. And please save yourself from not depending on any immigration lawyer website to look for answers because NO immigration lawyer was part of any of these discussions and we don't think they have any clue what happened or what will happen. In the coming weeks, as folks will be looking for answers, some usual suspects will start posting "inside information" ;-) on their websites, and in our experience most of this information is not true.

We would suggest that you save yourself time and not waste time on reading mostly useless discussions over online forums. When the information will be released you will for sure know and we will also send newsletter. If we know something sooner, and we are able to share that information, then we will for sure let you know.
Thanks for the clarification and your prompt response. I have been involved with IV for long enough to understand forums and lawyers advertising "insider information". Thank you for your dedication and selfless effort towards this mile stone. I know personally that without the effort IV put behind scenes, situation would have been much different.
__________________
Support HR-3012 and Support Fairness!

HR3012 Wiki | Facebook | Google+ | Twitter
Bookmark and Share Compare Reply With Quote


  #34 (permalink)  
Old 11-24-2014, 01:05 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Nov 2006
Posts: 996
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

Quote:
Originally Posted by legalimmi11 View Post
First of all thanks much for your efforts on these changes and clarifying doubts.

I have some follow up questions on Job portability after I-140 which means that we will not have to restart green card process with new employer.

1. Is this a different provision than allowing AOS after approved I-140. If it is a separate point then can it be done quickly with memo or this change will be done by rule making?

2. Is Same or Similar Occupation Classification change applicable to this rule? Can i change a job in higher role and don't need to restart the perm and I-140 again and continue my GC process with old 140 (Assuming that I can't file AOS and cant get the EAD/AP as of now)?
1.) Yes this is a different / additional provision. If I remember correctly, this will require regulation because it requires removing the rule that currently allow employer to revoke I-140. The new regulation change will ensure that (mostly scrupulous ) employers will not be able to revoke I-140 so this can not longer be used as employee retention tool.

2.) 'Same or similar occupation classification' is applicable after applying I-485. But it seems that the similar job portability will be made after I-140 approval as well. This job portability will allow changing jobs that allow natural progression in the profession so one is not stagnant in the same job/employer. Once this will be out, you will be able to change job and take higher role without having to restart GC process. So we would suggest that you might want to hold-off changing employer until after all the regs are final.

I looked up my notes, it was also shared that all Regulations will be out by Spring of 2015 and the goal is to get it all done by May/June timeframe.

EAD for H-4 final regulation will be done in Dec/Jan.
Bookmark and Share Compare Reply With Quote


  #35 (permalink)  
Old 11-24-2014, 01:08 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Nov 2006
Posts: 996
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

OPT Questions
There will be change of rules for students that will require strengthening of the relationship between student and University during OPT period. Because OPT is training, the student will be required to report back some information back to University even after leaving the university during the OPT period.

OPT extension process will require rule making/regulation. Currently STEM OPT could be for 29 months. At this it is not clear what will be the new length of OPT. Some speculation is that it might go up to 56 months for STEM OPT.

Last edited by Administrator2; 11-24-2014 at 01:27 AM.
Bookmark and Share Compare Reply With Quote


  #36 (permalink)  
Old 11-24-2014, 01:12 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Nov 2006
Posts: 996
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

Trusted employer related Question
There will be some process for H1/L1 trusted employers, mostly for large tech companies. This will be covered in Presidential Memorandum that is yet to be announced.
Bookmark and Share Compare Reply With Quote


  #37 (permalink)  
Old 11-24-2014, 01:19 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Nov 2006
Posts: 996
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

Recapture

There will be some mention of the possibility of recapture in the Presidential Memorandum (PM). This DOES NOT mean that recapture is getting done. It just means that to keep the process open (not to shut the doors) and for future discussion, PM will contain some language that will suggest further exploring it and it will be upon advocates/companies to lift it.

Based on what we know, in-spite of all the media articles, we believe that behind the scenes companies are mostly giving lip service to recapture as it seems that their primary focus is to get more workers, by any means, including longer OPT, EAD fo H-4, get L-1 guidelines etc.
Bookmark and Share Compare Reply With Quote


  #38 (permalink)  
Old 11-24-2014, 01:19 AM
Junior Member
Priority Date
:
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Feb 2013
Posts: 14
legalimmi11 will become famous soon enough legalimmi11 will become famous soon enough
Default

Thank you for clarification and prompt response.

Quote:
Originally Posted by Administrator2 View Post
1.) Yes this is a different / additional provision. If I remember correctly, this will require regulation because it requires removing the rule that currently allow employer to revoke I-140. The new regulation change will ensure that (mostly scrupulous ) employers will not be able to revoke I-140 so this can not longer be used as employee retention tool.

2.) 'Same or similar occupation classification' is applicable after applying I-485. But it seems that the similar job portability will be made after I-140 approval as well. This job portability will allow changing jobs that allow natural progression in the profession so one is not stagnant in the same job/employer. Once this will be out, you will be able to change job and take higher role without having to restart GC process. So we would suggest that you might want to hold-off changing employer until after all the regs are final.

I looked up my notes, it was also shared that all Regulations will be out by Spring of 2015 and the goal is to get it all done by May/June timeframe.

EAD for H-4 final regulation will be done in Dec/Jan.
Bookmark and Share Compare Reply With Quote


  #39 (permalink)  
Old 11-24-2014, 01:23 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Nov 2006
Posts: 996
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

STEM

More categories will be included into the definition of STEM. MBA with bachelors in STEM will be considered as STEM. Not sure yet if this is done by regulation or memo. Will check.
Bookmark and Share Compare Reply With Quote


  #40 (permalink)  
Old 11-24-2014, 01:24 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Nov 2006
Posts: 996
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

Dual Intent on F-1

It could be part of PM
Bookmark and Share Compare Reply With Quote


  #41 (permalink)  
Old 11-24-2014, 01:26 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Nov 2006
Posts: 996
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

EB-2 NIW

Startup company owners and entrepreneurs will be able to file in EB-2 NIW category.

There will be a parole program for entrepreneurs.
Bookmark and Share Compare Reply With Quote


  #42 (permalink)  
Old 11-24-2014, 01:29 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Nov 2006
Posts: 996
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

Definition of non-profit for counting H-1 visa number

There will be more clarification with who/which entity qualify for 20K non-profit category H1s. If there is a partnership between University-company, anyone hired for that project will be counted towards 20K visas (and not 65K H1 visas).
Bookmark and Share Compare Reply With Quote


  #43 (permalink)  
Old 11-24-2014, 01:31 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Nov 2006
Posts: 996
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

And there are some more provisions. But non of these are announced yet. But they will be in coming weeks/months.
Bookmark and Share Compare Reply With Quote


  #44 (permalink)  
Old 11-24-2014, 01:31 AM
Facebook User
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2013
Posts: 174
rupen has much to be proud of rupen has much to be proud of rupen has much to be proud of rupen has much to be proud of rupen has much to be proud of rupen has much to be proud of rupen has much to be proud of rupen has much to be proud of
Default

There are very good questions and answers in this thread..Learned number of things
Bookmark and Share Compare Reply With Quote


  #45 (permalink)  
Old 11-24-2014, 08:54 AM
Member
Priority Date
:
Dec-09
Category
:
EB2
I140 Mailed Date
:
06/03/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 64
Tarang has much to be proud of Tarang has much to be proud of Tarang has much to be proud of Tarang has much to be proud of Tarang has much to be proud of Tarang has much to be proud of Tarang has much to be proud of Tarang has much to be proud of Tarang has much to be proud of
Default

Currently one has to wait six months to change employers after filing AOS. Do you think that wait will go away in future pre-registration process?

Thanks,
Tarang
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
FREE answers to questions from an Immigration Lawyer pappu FREE Lawyer conference calls 293 08-03-2015 03:32 PM
White house uses executive action to assist stem students Blog Feeds Recent Blogs 1 05-19-2011 02:05 PM
"Giving Facts a Fighting Chance: Answers to the Toughest Immigration Questions" - Via Blog Feeds Recent Blogs 0 11-30-2010 05:00 AM
"Giving Facts a Fighting Chance: Answers to the Toughest Immigration Questions" - Via Blog Feeds Recent Blogs 0 10-21-2010 10:30 AM
President Obama declines using administrative action to push immigration reform pappu News articles and reports 16 09-24-2010 12:37 PM



All times are GMT -4. The time now is 05:56 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org