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  #46 (permalink)  
Old 11-24-2014, 10:23 AM
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Default

Quote:
Originally Posted by Tarang View Post
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

Couple of things - Early filing/Pre-registration/Filing AOS after I-140 approval are labels to the same fix which allows an applicant to file for I-485 immediately after approval of I-140.

The wait of 6 months after filing AOS will stay as it is codified in the law. But under the new system one might be able to apply for EAD and AP immediately after approval of I-140 and change employer after getting EAD. We will clarify the timing soon.

Thanks for asking this question. This is good. We will create a list of all the questions and ask the right folks to get you more accurate response so you could better prepare for your future.

Keep positing similar and relevant questions.
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  #47 (permalink)  
Old 11-24-2014, 10:25 AM
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This is just outstanding and fantastic work!
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  #48 (permalink)  
Old 11-24-2014, 10:35 AM
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Thumbs up Important Question

Quote:
Originally Posted by Tarang View Post
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
IV Admin,

I think this is a useful and important question for a number of immigrants stuck in the green card backlog who already have an approved I-140, but have been waiting for many years to just to apply for AOS. It will be helpful if you can give us some guidance on this whenever you receive feedback on this issue.

Thanks for all your efforts,
-Shyam
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  #49 (permalink)  
Old 11-24-2014, 10:41 AM
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Default RFE harassment & similar clarification

Todays job functions are so much more fluid than even 5 years ago. When two departments get merged and expectations increase or ones role grows into overseeing multiple functions, the similar should still be able to recognize and acknowledge that. Hopefully when the language comes out, the intent in allowing 'flexibility' is recognized to its fullest extent keeping in mind 6 months itself is long so 6 years and beyond, spanning 3 congressional sessions and possibly two presidents is way longer!

Also, there has to be strict criteria for multiple RFEs in the same category. Mere passing of time and other itches of the staff should not trigger these. Unless there's a big security issue or some such, beyond 4 or 5 years issuing the same RFE should practically be prohibited in their work process.
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  #50 (permalink)  
Old 11-24-2014, 10:42 AM
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Default

Outstanding commitment by IV! Proud to be part of. Thanks all.

One quick question... I know this is of least priority/interest. However, just wanted to check on it.

For people who filed 485 and been waiting for Visa numbers: Any plan on cards, or at least an intent to consider counting this time for Citizenship eligibility?
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  #51 (permalink)  
Old 11-24-2014, 10:45 AM
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even congress in its infinite wisdom acknowledged 6 months as being long so ten times that or beyond even negative IQ folks would be in 100+ territory contributing & adding value in so many different ways.
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  #52 (permalink)  
Old 11-24-2014, 11:18 AM
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Default H4-ead

Quote:
Originally Posted by Administrator2 View Post
EAD for H-4 final regulation will be done in Dec/Jan.
Dear Admin,

Can you please show some light on this? Does this mean that this provision will become effective in Dec/Jan, and an H4 can apply for the EAD soon after? Or does it mean that after Dec/Jan, USCIS will issue final directive for the provision to come into effect in the future?

Thanks again for all you've done for us.
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  #53 (permalink)  
Old 11-24-2014, 12:00 PM
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Default Porting EAD's

Hello Admin,

With these new rule changes there is a high chance of porting EAD's. i.e People will be able to shift between EAD's
1. L2 EAD to H4 EAD
2. H4 EAD to i140 EAD
3. L2 EAD to i140 EAD

Will these be done seamlessly like a change of status application or will these have to be a break with the current EAD and apply for a new EAD.

I read that there will be a 240 day rule for EAD renewals. Will that apply to these cases as well ?

Thanks for answering so many questions.
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  #54 (permalink)  
Old 11-24-2014, 12:23 PM
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sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold
Default

Quote:
Originally Posted by Administrator2 View Post
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.
Well, I don't know what makes you think there is no question . I am repeating my question again - Does IV know or has any idea about the timeline of the I-485 pre-registration proposed rule? OR is it only at the high level right now?

And to my point of "weird" - I am questioning the process as anybody would who is new to the process. and I am not saying I know it all, neither do you. If I don't know anything, it simply comes out as a question - which you treated like this (again I am not pointing fingers at anyone but disappointed by the way it is treated like this when we are trying to build a community).

As expected - you did not answer my question and kept on saying things here and there in an effort to prove that people who don't agree with you or raises question doesn't know anything as has always been the case on this forum. No one is questioning the efforts that IV has put for years, but in my mind - it is not a trait of a team player or a leader to show people down when trying to build a community. You can again write a lengthy reply to this instead of answering my question but it is just my opinion.

Have a good day!
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  #55 (permalink)  
Old 11-24-2014, 12:49 PM
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Default

Quote:
Originally Posted by sg27 View Post
Well, I don't know what makes you think there is no question . I am repeating my question again - Does IV know or has any idea about the timeline of the I-485 pre-registration proposed rule? OR is it only at the high level right now?

And to my point of "weird" - I am questioning the process as anybody would who is new to the process. and I am not saying I know it all, neither do you. If I don't know anything, it simply comes out as a question - which you treated like this (again I am not pointing fingers at anyone but disappointed by the way it is treated like this when we are trying to build a community).

As expected - you did not answer my question and kept on saying things here and there in an effort to prove that people who don't agree with you or raises question doesn't know anything as has always been the case on this forum. No one is questioning the efforts that IV has put for years, but in my mind - it is not a trait of a team player or a leader to show people down when trying to build a community. You can again write a lengthy reply to this instead of answering my question but it is just my opinion.

Have a good day!
I think you are again posting offensive post again. Previously you tried to provoke IV admin and now again you are hurling your vomit by claiming they are not leaders and that they do not know Immigration law like you.

Who the hell are you?
Can't you just be happy with the fact that someone is taking time away from actual meetings with officials and job and answering so many people's intelligent and foolish people's questions for FREE? How much have you contributed in the last few days? How much have you contributed in the last 4 years you have been a member? Have you ever done advocacy days?

If you think IV admin does not know Immigration law, why are you asking the question here? Why don't you you go and ask this question to your stupid lawyer. And maybe he will charge you money as well to answer you. IV leadership has much better skills than your sorry self rotting in greencard backlog and still incapable to standing up for himself and raise the voice. People like you lurk in the dark crevices of cubicle and think they are smarter than everyone else because they are this great 'legal' immigrant with degrees and working for some top company. If you are so great why are you rotting for so many years?

I request admin to only answer people with sincere questions. There are many idiots around. And the reason why it took 9 years to come up with some sensible reforms is because of such idiots who could not stand up for themselves. I would request you not to waste time and focus on getting the reforms done sooner now. That should be the priority.
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  #56 (permalink)  
Old 11-24-2014, 01:52 PM
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Default

Hello Admin,

I want to pull on the EAD after I-140 thread for a bit. Is there a reason this is not retroactive? As a naive layman, it seems to me that if a non-revoked I-140 prior to 2014, can be used for H1-B 3 year extensions, infinitely (till being revoked), then using the same for an EAD under any new rule isn't out of the question.

I was curious about your "abandoned" definition a few posts earlier. Is an I-140 considered abandoned by an employee if he changes jobs without filing I-485, even if the filing employer has not revoked it? My understanding is that the I-140 is for a future job position - if the employee goes back to the employer (for the specified future position) then there's no need to go throughout the PERM process again - the employee can directly move on to I-485 (if dates are current, of course)

In summary:

Previous, unrevoked I-140 petitions can be used for:
- Infinitely extending H1B in 3 year increments
- As a basis for I-485 if the employee choses to return to the filing company

So why not as basis for getting the pre-registration EAD as well?
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  #57 (permalink)  
Old 11-24-2014, 03:04 PM
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gaurav77 will become famous soon enough
Thumbs up Thanks to IV for the terrific work!

Here is my monthly recurring contribution of $50.

Subscription # S-5UX11504LT278603K
Transaction ID # 9CH50766M9686022K

IV is the only organized front we have to support our cause. Its our only hope. Lets do our best to keep it adequately funded, and follow its advocacy guidelines. Think about what you might be ready to spend on lawyers to get a GC.

Please lets all contribute. Every bit would go a long way in strengthening our cause. Remember as Aman said, the tech firm lobbyists just want more H1B indentured employees, and they might want Congress to revert this EO by legislation. We need to out compete that lobby.

Lets contribute and strengthen IV!
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  #58 (permalink)  
Old 11-24-2014, 03:27 PM
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Default Re-file 485 to add spouse

I filed my 485 in 2007 when all dates became current and got EAD/AP. I got married after this event and therefore my wife does not have EAD/AP. I am currently not working with the company from which I got my I-140 approved. Currently I am on H1B and thats because to have H-4 status for my spouse. My priority date never became current after 2007 so I never got chance to add my spouse. Given above details my question is :

Can I re-file I-485 and add my spouse to my GC application ?

I really thank IV for this huge win. I have been part of advocacy event once and I know how much work goes in planning such events. There are lot of people who are involved night and day to make these things happen. People who have never taken part in this event I strongly urge you guys to be part of it atleast once and talk to your friends about this event.
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  #59 (permalink)  
Old 11-24-2014, 04:57 PM
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mightywait is on a distinguished road
Default Fantastic Thread

First of all thank you IV for all your efforts and congrats to all those who are going to benefit from EO.

Also this thread is fantastic and clears so much of the confusion that has been created over the last couple of days. Greatly Appreciated.

I have a question myself.
Can a H1B holder apply for EAD for H4 if the spouse has an approved I-140 or extended beyond 6 years? Must that person first convert to H4 before applying for EAD(for H4). I know it is too early to have all the details, but wanted to check if IV has any idea about it?

Thank you once again.
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  #60 (permalink)  
Old 11-24-2014, 05:00 PM
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Default Employment based EAD doubts

Thanks a lot for starting this thread. I have some doubts about employment based EAD.

1. What is AP?
2. Do we need to be constantly employed to be in EAD status? What happens in a situation where someone gets laid off in that status?
3. Does employment based EAD allow us to start our own business?

Thanks in advance!
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