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  #91 (permalink)  
Old 12-18-2014, 12:30 PM
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Default Timeline followup

IV team, Thanks for all update and education on these new rules. We all know that most of these rules will become effective after some time. But there is no clear timeline defined by administration and no way to followup on these rule making. We are hoping to see all these rules getting implemented in next 6-7 months as communicated by IV leadership.

Now, we are in a position where people are not changing jobs(even if they have to start 140 again) and want to be in status quo because of prospective new rules will help them. We all have seen the H4-EAD rule took more than 2 years to be in final stage. If the timelines keep getting extended then it will be more chaotic and helpless situation for all of us.

Is IV trying to followup in the background with administration or is there any way where everybody can help ?

Thanks..
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  #92 (permalink)  
Old 12-18-2014, 05:05 PM
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thanks IV for all your hard work. definitely it will improve situation for many people.

if there is a way to follow up then it would be great. but I guess for now we have to wait atleast for 2-3 months.

"Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications" rule has been propsed since spring 2009.

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB82

USCIS National Stakeholder August Meeting | USCIS

I hope H4 EAD rule gets fianlized sooooon
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  #93 (permalink)  
Old 12-20-2014, 11:43 AM
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Quote:
Originally Posted by anushka_kohli View Post
thanks IV for all your hard work. definitely it will improve situation for many people.

if there is a way to follow up then it would be great. but I guess for now we have to wait atleast for 2-3 months.

"Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications" rule has been propsed since spring 2009.

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB82

USCIS National Stakeholder August Meeting | USCIS

I hope H4 EAD rule gets fianlized sooooon

I remember that Admin had mentioned on a conference call that this rule is not relevant as this is from 2009 and a new rule will be posted and will be available for comments.

Quote:
"Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications" rule has been propsed since spring 2009.

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB82
On another note, some people are complaining that this executive order is not good because it will make them wait for another 2-3 months. This is weird because when someone is not able to work for years or not able to change employer for years, and all of a sudden we get the news that now we will be able to change employers or H-4 holders will be able to work in next few months, instead of being thankful to the President Obama immigrants are complaining for having to wait for another 2-3 months. Are we not a bunch of thankless people?
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  #94 (permalink)  
Old 12-29-2014, 11:58 AM
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Default comments being sought for Immigration reform

DHS is seeking comments within 30 days for many regulatory changes mentioned in EO including recapturing of EB visa.

https://s3.amazonaws.com/public-insp...2014-30641.pdf
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  #95 (permalink)  
Old 12-29-2014, 01:33 PM
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16. What are the most important policy and operational changes, if any, available within the
existing statutory framework to ensure that administrative policies, practices, and systems
fully and fairly allocate all of the immigrant visa numbers that Congress provided for and
intended to be issued, but were not issued in past years?

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  #96 (permalink)  
Old 12-30-2014, 09:07 AM
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Post Now Officially published in Federal Register

Quote:
Originally Posted by penguin1980 View Post
DHS is seeking comments within 30 days for many regulatory changes mentioned in EO including recapturing of EB visa.

https://s3.amazonaws.com/public-insp...2014-30641.pdf

https://www.federalregister.gov/arti...gration-policy

Responses must be received by January 29, 2015 to be considered.

Hope IV core team will respond to this on behalf of IV members.
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  #97 (permalink)  
Old 12-30-2014, 12:05 PM
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Quote:
Originally Posted by Murthy View Post
https://www.federalregister.gov/arti...gration-policy

Responses must be received by January 29, 2015 to be considered.

Hope IV core team will respond to this on behalf of IV members.
Thanks, yes IV will be responding to the notification
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  #98 (permalink)  
Old 12-30-2014, 01:02 PM
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Thank you very much admin for your efforts.
I am a little confused here. I thought EAs such as pre-register should have been proposed and deliberated long before the Nov 20 announcement and should go directly into proposed rules. But now they are "gathering ideas". It seems like they are starting from scratch. Did they not have ideas before?

Quote:
Originally Posted by Administrator2 View Post
Thanks, yes IV will be responding to the notification
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  #99 (permalink)  
Old 12-30-2014, 07:06 PM
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Quote:
Originally Posted by Administrator2 View Post
Thanks, yes IV will be responding to the notification
Should each one of us post our response? Should we ask for recapture and dependents exemptions?
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  #100 (permalink)  
Old 12-30-2014, 08:32 PM
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Regarding the point about recapturing of unused visa from past years:
What are the most important policy and operational changes, if any, available within the existing statutory framework to ensure that administrative policies, practices, and systems
fully and fairly allocate all of the immigrant visa numbers that Congress provided for and intended to be issued, but were not issued in past years?


Time and again, it has been pointed out by various people, that this doesn't fall within limitation of executive action and is not possible without congress bill. So why is this point being raised by DHS when they know they can't do anything about it? Or I am missing something and administration has the power to change rules?
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  #101 (permalink)  
Old 12-30-2014, 11:18 PM
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Post

Quote:
Originally Posted by penguin1980 View Post
Regarding the point about recapturing of unused visa from past years:
What are the most important policy and operational changes, if any, available within the existing statutory framework to ensure that administrative policies, practices, and systems
fully and fairly allocate all of the immigrant visa numbers that Congress provided for and intended to be issued, but were not issued in past years?


Time and again, it has been pointed out by various people, that this doesn't fall within limitation of executive action and is not possible without congress bill. So why is this point being raised by DHS when they know they can't do anything about it? Or I am missing something and administration has the power to change rules?
Yes definitely confusing ? what ever may be "Any unused EB immigrant visa numbers moving forward at least should be issued to wait listed pre-adjudicated applicants purely based on their PD (Priority Date) ie First Come First basis irrespective of their race,country,religion or EB category they belong to."
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  #102 (permalink)  
Old 12-31-2014, 01:32 AM
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Quote:
Originally Posted by Murthy View Post

Quote:
Regarding the point about recapturing of unused visa from past years:
What are the most important policy and operational changes, if any, available within the existing statutory framework to ensure that administrative policies, practices, and systems
fully and fairly allocate all of the immigrant visa numbers that Congress provided for and intended to be issued, but were not issued in past years?

Time and again, it has been pointed out by various people, that this doesn't fall within limitation of executive action and is not possible without congress bill. So why is this point being raised by DHS when they know they can't do anything about it? Or I am missing something and administration has the power to change rules?
Yes definitely confusing ? what ever may be "Any unused EB immigrant visa numbers moving forward at least should be issued to wait listed pre-adjudicated applicants purely based on their PD (Priority Date) ie First Come First basis irrespective of their race,country,religion or EB category they belong to."

There is absolutely no ambiguity in the existing law about recapture and counting dependents. We have shared this honestly at every opportunity even at the cost of being misrepresented and labeled as if IV was mortal enemy and against green card petitions of some anonymous people. And while truth cannot be further from such unnecessary emotional outburst, we will continue to be honest and tell you again what we know.

In weeks up to EA, some immigration lawyers and handful of companies were planting articles to portray that recapture and dependents exemption is possible. Some of these folks knew that recapture and dependents exemption was not going to happen in EA. We saw through this deception and diversion. So we tried our best to tell everyone that recapture and dependents exemption is not going to happen. In spite of our persuasion and honesty, which some equated with treason, some immature people get carried away because they cannot see through the games some big firms play. But no matter how much difficult and long the wait times are for adjudication of your petition, it will be again unwise and unproductive to be get carried away by emotions only to shot in the air and miss the target once again.

We will repeat what we have said before. Recapture or dependents exemption is not possible through executive action. Not because the President is against anybody's green card petition, but because it will be unlawful to change something that is as clear in the existing law.

And asking for something that is not possible will only end up wasting that chance. Rather ask again and reinforce the fixes that we have been pushing so that the nexus of some employers and immigration lawyers cannot somehow oppose the rights of immigrants to get EAD and AP to change employer/start companies and live free.

Recapture and dependents exemption will be in the upcoming bills that will pass in 2015. Timing wise these bills will take effect at the same time or before any of the provisions of Executive Action. If anyone here cares for recapture and dependents exemption, then please get active in advocacy and join us in Washington, D.C. on 8-10 February. Read this (Immigration Voice Advocacy event in Washington DC on 8th, 9th and 10th February) and Register here.

IV will be pushing for the rights of immigrants to live free and oppose any exploitation in the system. Morally and strategically, this is the right path forward. And we suggest that in the best interest of our collective say in the process, we all do the same.
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  #103 (permalink)  
Old 12-31-2014, 05:16 AM
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Hi Admins,

You had compiled a list of questions around EO for which you were going to get some more clarifications/details from concerned agencies. Can you please provide the updates if there are any?

Thanks,
Tarang
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  #104 (permalink)  
Old 12-31-2014, 09:34 AM
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Post Thanks again for califications

Quote:
Originally Posted by Administrator2 View Post
There is absolutely no ambiguity in the existing law about recapture and counting dependents. We have shared this honestly at every opportunity even at the cost of being misrepresented and labeled as if IV was mortal enemy and against green card petitions of some anonymous people. And while truth cannot be further from such unnecessary emotional outburst, we will continue to be honest and tell you again what we know.

In weeks up to EA, some immigration lawyers and handful of companies were planting articles to portray that recapture and dependents exemption is possible. Some of these folks knew that recapture and dependents exemption was not going to happen in EA. We saw through this deception and diversion. So we tried our best to tell everyone that recapture and dependents exemption is not going to happen. In spite of our persuasion and honesty, which some equated with treason, some immature people get carried away because they cannot see through the games some big firms play. But no matter how much difficult and long the wait times are for adjudication of your petition, it will be again unwise and unproductive to be get carried away by emotions only to shot in the air and miss the target once again.

We will repeat what we have said before. Recapture or dependents exemption is not possible through executive action. Not because the President is against anybody's green card petition, but because it will be unlawful to change something that is as clear in the existing law.

And asking for something that is not possible will only end up wasting that chance. Rather ask again and reinforce the fixes that we have been pushing so that the nexus of some employers and immigration lawyers cannot somehow oppose the rights of immigrants to get EAD and AP to change employer/start companies and live free.

Recapture and dependents exemption will be in the upcoming bills that will pass in 2015. Timing wise these bills will take effect at the same time or before any of the provisions of Executive Action. If anyone here cares for recapture and dependents exemption, then please get active in advocacy and join us in Washington, D.C. on 8-10 February. Read this (Immigration Voice Advocacy event in Washington DC on 8th, 9th and 10th February) and Register here.

IV will be pushing for the rights of immigrants to live free and oppose any exploitation in the system. Morally and strategically, this is the right path forward. And we suggest that in the best interest of our collective say in the process, we all do the same.
Now we may safely assume that the sole purpose of these two questions 15 and 16 under
II. Ensuring Use of All Immigrant Visa Numbers is just to collect public opinions and consider them when recapure visa and not counting family become law. But present rule of unused visas is not fair rule. At present unused visas from EB1/EB5 category goes to EB2 and then to EB3. This is clearly mentioned in the existing law and we all knew how much EB3 guys got screwed up due to this. This must go away. IV must ask for fair and non-controversial rule for unused visas such as
For question 15: Any unused EB immigrant visa numbers out of total of 140,000 per
year should be issued to wait listed pre-adjudicated applicants
purely based on their PD (Priority Date) ie First Come First basis
irrespective of their race,country,religion and
EB category they belong to.

For question 16: All unused EB immigrant visa numbers of past years should be issued to
wait listed pre-adjudicated applicants purely based on their PD (Priority
Date) ie First Come First basis irrespective of their race,country,religion
and EB category they belong to.
Please note this is just my opinion.
I knew very well these rules will not happen without Congress approval as they donot exist in the present law.
What I mean is at least IV should propose these rules for unused visas.
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  #105 (permalink)  
Old 12-31-2014, 02:51 PM
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I am new to this forum and after going through some of the threads I understood the effort you guys have spend so far. Thanks IV for all your hard work.

I just wanted to know if the proposed H4 EAD rule will cover the dependent child who are at college age and less 21 years? Will they get EAD and eligible for SSN?

Thanks in advance for your response.
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