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  #631 (permalink)  
Old 05-16-2015, 04:57 PM
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Thanks to Greg Siskind we now have the same knowledge that IV has been sharing. Only difference the blog seems more "real" (despite caveats and uncertainty expreesed) as it comes from a lawyer. Sarcasm intended.


Thanks IV once again!

In fairness to Greg, thanks Greg.
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  #632 (permalink)  
Old 05-16-2015, 05:01 PM
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Default Thank you IV

If anybody truly fight for the immigration community, it is IV. Anybody who follows this Immigration backlog and all the problems caused by it, clearly knows IV is the only organization who brought everything to light and gave us any hope. A big thank you for IV for the selfless and dedicated hardwork. If any credit is due here, it goes to IV. A Big Thank You from the bottom of the heart for all the guys and gals behind this. You guys are amazing!
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  #633 (permalink)  
Old 05-16-2015, 05:06 PM
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Thank you hil3182 ]for the reply which makes so many of us hopeful that the proposed fixes will benefit all. I have spend the the past few days navigating the IV site after similarly exploring other discussion forums on immigration. I really appreciate the work IV is doing and it is evident that they have taken a more systemic approach to reform rather than advocate for piecemeal measures such as EAD that allows for job portability. Job portability becomes less important when you start adding up the figures for college tuition for 2 kids who will be considered out of state students because they are on H4 visas! And then when they turn 21 you face a whole different set of challenges that effectively split up the family as a unit. Though, of course, job portability could help you move to a better paying job that would help in paying the bills but it does not address the fundamental unfairness built in the system. Colleagues and their children with a different national origin are already permanent residents even though applications were filed at the same time. I was also surprised at the sheer lack of understanding of how the political system works demonstrated in the postings of some of the other forums. Advocacy and lobbying are integral to its functioning.
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  #634 (permalink)  
Old 05-16-2015, 05:30 PM
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Quote:
Originally Posted by hil3182 View Post
Yes. First smart question I have seen in days. Filing for AoS will protect children from aging out. More specifically the fix where they will allow for AoS without PD becoming current addresses this situation.

This is why we pushed for both I-140 EAD and early filing of AoS. To shortsighted people who don't have a deep understanding of the issues, EAD remains the holy grail.

However, as a group that has been neck deep in crafting the fixes that will be unveiled shortly, we have had to think about the implications every fix in great detail. As you pointed out, there are other subtle issues that cause deep pain that will NOT be addressed by a simple EAD. Rest assured, we have thought through the fixes and if they come out the way we think they will, a lot of problems (most folks are not even aware off) will be fixed.



When the fixes are unveiled publicly please be assured, that no one else other than IV and the honest, well-meaning folks at the WH and DHS are responsible for them. Infact when we first presented our proposals to the admin, lobbyists from other orgs LAUGHED at us and said it will never be done. They asked for very difficult or impossible things like recapture and dependent exemption.

I only wish more people participated in IV so they could see first had how AILA and other lobbying orgs tried (and almost succeeded) in screwing us over. They tried to put us in a situation where we would get recapture/dependent exemption or nothing.

We should all be thanking God that IV was there to give the administration realistic, achievable alternatives.
TBH - I don't understand your response. Are you saying the people with children on the cusp will benefit from the AOS (I140 EAD) or they will not benefit from this near future announcement?
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  #635 (permalink)  
Old 05-16-2015, 05:33 PM
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Quote:
Originally Posted by Limmig View Post
Thank you hil3182 ]for the reply which makes so many of us hopeful that the proposed fixes will benefit all. I have spend the the past few days navigating the IV site after similarly exploring other discussion forums on immigration. I really appreciate the work IV is doing and it is evident that they have taken a more systemic approach to reform rather than advocate for piecemeal measures such as EAD that allows for job portability. Job portability becomes less important when you start adding up the figures for college tuition for 2 kids who will be considered out of state students because they are on H4 visas! And then when they turn 21 you face a whole different set of challenges that effectively split up the family as a unit. Though, of course, job portability could help you move to a better paying job that would help in paying the bills but it does not address the fundamental unfairness built in the system. Colleagues and their children with a different national origin are already permanent residents even though applications were filed at the same time. I was also surprised at the sheer lack of understanding of how the political system works demonstrated in the postings of some of the other forums. Advocacy and lobbying are integral to its functioning.
Leg Imm,
You too confusing me. Will EAD good enough for those children who are on the curb????
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  #636 (permalink)  
Old 05-16-2015, 05:52 PM
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Quote:
Originally Posted by stan1IV View Post
Leg Imm,
You too confusing me. Will EAD good enough for those children who are on the curb????
I140 EAD will not benefit kids that age out of the system. If EAD is given to dependents too then they will have an EAD till they are 21 but once they turn 21 they are no longer dependents and will age out of the system. They will benefit only if filing AOS without priority dates being current is allowed.
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  #637 (permalink)  
Old 05-16-2015, 06:17 PM
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Quote:
Originally Posted by hil3182 View Post
Yes. First smart question I have seen in days. Filing for AoS will protect children from aging out. More specifically the fix where they will allow for AoS without PD becoming current addresses this situation.

This is why we pushed for both I-140 EAD and early filing of AoS. To shortsighted people who don't have a deep understanding of the issues, EAD remains the holy grail.

However, as a group that has been neck deep in crafting the fixes that will be unveiled shortly, we have had to think about the implications every fix in great detail. As you pointed out, there are other subtle issues that cause deep pain that will NOT be addressed by a simple EAD. Rest assured, we have thought through the fixes and if they come out the way we think they will, a lot of problems (most folks are not even aware off) will be fixed.

When the fixes are unveiled publicly please be assured, that no one else other than IV and the honest, well-meaning folks at the WH and DHS are responsible for them. Infact when we first presented our proposals to the admin, lobbyists from other orgs LAUGHED at us and said it will never be done. They asked for very difficult or impossible things like recapture and dependent exemption.

I only wish more people participated in IV so they could see first had how AILA and other lobbying orgs tried (and almost succeeded) in screwing us over. They tried to put us in a situation where we would get recapture/dependent exemption or nothing.

We should all be thanking God that IV was there to give the administration realistic, achievable alternatives.

If early filing of AoS is allowed, what purpose/situation I-140 EAD serves?
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  #638 (permalink)  
Old 05-16-2015, 08:24 PM
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Quote:
Originally Posted by Tarang View Post
If early filing of AoS is allowed, what purpose/situation I-140 EAD serves?
IV has many unmarried members who do not want to file AOS yet until marriage.
Otherwise wife has to wait in india for another decade until husband gets citizenship.

This fix is for such unfortunate immigration voice members
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  #639 (permalink)  
Old 05-16-2015, 11:21 PM
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Quote:
Originally Posted by waitingnwaiting View Post
IV has many unmarried members who do not want to file AOS yet until marriage.
Otherwise wife has to wait in india for another decade until husband gets citizenship.

This fix is for such unfortunate immigration voice members
Thanks for explanation. I hope future generation of skilled immigrants who will not have to face difficulties of current lot will appreciate how much efforts/thoughts were put in by a dedicated group of people.
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  #640 (permalink)  
Old 05-17-2015, 12:56 AM
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Quote:
Originally Posted by Limmig View Post
Thank you hil3182 ]for the reply which makes so many of us hopeful that the proposed fixes will benefit all. I have spend the the past few days navigating the IV site after similarly exploring other discussion forums on immigration. I really appreciate the work IV is doing and it is evident that they have taken a more systemic approach to reform rather than advocate for piecemeal measures such as EAD that allows for job portability. Job portability becomes less important when you start adding up the figures for college tuition for 2 kids who will be considered out of state students because they are on H4 visas! And then when they turn 21 you face a whole different set of challenges that effectively split up the family as a unit. Though, of course, job portability could help you move to a better paying job that would help in paying the bills but it does not address the fundamental unfairness built in the system. Colleagues and their children with a different national origin are already permanent residents even though applications were filed at the same time. I was also surprised at the sheer lack of understanding of how the political system works demonstrated in the postings of some of the other forums. Advocacy and lobbying are integral to its functioning.
In most states to get in-state tuition you need an A#. Early filing for AoS should get your kids A#'s and in-state tuition.

At a high level our recommendations were targeted at making post I-140 life as close to GC as possible under existing law and we looked at the problem from many angles.

Yes advocacy and lobbying are central to getting things done. That is how AILA and the corporations were able to hijack the skilled immigration system and turn it into a giant corporate subsidy while treating people like bonded labor.

Advocacy and lobbying is how we are going to claw our rights back.

People whine, moan and bitch about not being treated well on IV forums but they don't realize that the forums, FB page and other media outlets are the least important function of IV. The most important thing IV can do for this community is work with powerful people - almost always behind the scenes. At times like this, where there is a lot going on, volunteers in our DC chapter meet people on the hill and the WH 2-3 days a week. How they do this and hang on to their day jobs is beyond me.
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  #641 (permalink)  
Old 05-17-2015, 07:44 AM
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Quote:
Originally Posted by hil3182 View Post
Advocacy and lobbying is how we are going to claw our rights back.

People whine, moan and bitch about not being treated well on IV forums but they don't realize that the forums, FB page and other media outlets are the least important function of IV. The most important thing IV can do for this community is work with powerful people - almost always behind the scenes. At times like this, where there is a lot going on, volunteers in our DC chapter meet people on the hill and the WH 2-3 days a week. How they do this and hang on to their day jobs is beyond me.
Very well said .....

Very few places in the world have better 'Accessibility Standards' (for people with disabilities) than this country. As a parent of special needs kid i can see the difference what this country has to offer. Used to wonder how come so many things are already taken care....the answer is Advocacy . Parents with special need few decades back could see the kids discriminated and not have access to what others normally have ...They advocated and lobbied for the cause...... worked with the lawmakers & policy makers decades back and today you see the difference.
IV gives us the same platform ...there has been discrimination or many people are living compromised life (i mean not up-to their full potential, not traveling overseas) and IV has been advocating for their cause.

Truly express my gratitude to guys who have been working so much other than their day jobs to bring the changes that seem drastically ground breaking.
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  #642 (permalink)  
Old 05-17-2015, 11:21 AM
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Quote:
Originally Posted by Tarang View Post
Thanks for explanation. I hope future generation of skilled immigrants who will not have to face difficulties of current lot will appreciate how much efforts/thoughts were put in by a dedicated group of people.
Out of curiosity, don't they need to maintain H1B status to file H4 for spouse when they get married?
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  #643 (permalink)  
Old 05-17-2015, 11:49 AM
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Originally Posted by Tarang View Post
Out of curiosity, don't they need to maintain H1B status to file H4 for spouse when they get married?
Ya. Once you loose H1 status and you go on I-140 EAD your situation is not ideal. Every attempt must be made to go from H1 to I-485 EAD.

As you correctly observed, I-140 EAD is somewhat redundant. It was put in there mostly as a safety measure for folks that get laid off within 6 months of filing I-485. Remember that I-485 EAD kicks in only after 6 months. It was also put in there just in case they decided that early filing of AoS was not possible - a double redundancy of sorts.

Even if you get laid off within 6 months of I-485 filing, every attempt must be made to keep H-1 status until new I-485 can be filed.

The big change behind I-140 EAD is the change of ownership of I-140. Previously company owned the filing. We are trying to change it so that the I-140 is now owned by the employee. This would mean that in the 6 months layoff scenario, you will not need to go through labor again. Just get the new company to file I-485 for you or get them to give you a letter and you can file your own. This will be a huge relief for many folks.

I think I should add a disclaimer that my comments above are based on what we expect and hope will happen. You will need to wait for the actual rule to know for sure which of our recommendations got accepted and to what degree they were accepted. A lot of the above will be in the fine print and might not be obvious on day one of the announcement.

There is a lot of speculation all over the web about the EO. Truth be told, there is no need to speculate. Just look at IV's response to the Administrations RFE, take out recapture/dependent exemption (which was put in there as more of a lottery ticket) and that is pretty much what we think we are going to get.

I think this bears repeating, if this plays out as we think it will, we need to remain extremely grateful to good folks in the WH and DHS for listening to us with an open mind and are honestly following through. Depending on the politics of the situation we might have some action times on thanking them for this - which we would be grateful if the community worked on with us.
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  #644 (permalink)  
Old 05-17-2015, 12:33 PM
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Quote:
Originally Posted by hil3182 View Post
Ya. Once you loose H1 status and you go on I-140 EAD your situation is not ideal. Every attempt must be made to go from H1 to I-485 EAD.

As you correctly observed, I-140 EAD is somewhat redundant. It was put in there mostly as a safety measure for folks that get laid off within 6 months of filing I-485. Remember that I-485 EAD kicks in only after 6 months. It was also put in there just in case they decided that early filing of AoS was not possible - a double redundancy of sorts.

Even if you get laid off within 6 months of I-485 filing, every attempt must be made to keep H-1 status until new I-485 can be filed.

The big change behind I-140 EAD is the change of ownership of I-140. Previously company owned the filing. We are trying to change it so that the I-140 is now owned by the employee. This would mean that in the 6 months layoff scenario, you will not need to go through labor again. Just get the new company to file I-485 for you or get them to give you a letter and you can file your own. This will be a huge relief for many folks.

I think I should add a disclaimer that my comments above are based on what we expect and hope will happen. You will need to wait for the actual rule to know for sure which of our recommendations got accepted and to what degree they were accepted. A lot of the above will be in the fine print and might not be obvious on day one of the announcement.

There is a lot of speculation all over the web about the EO. Truth be told, there is no need to speculate. Just look at IV's response to the Administrations RFE, take out recapture/dependent exemption (which was put in there as more of a lottery ticket) and that is pretty much what we think we are going to get.

I think this bears repeating, if this plays out as we think it will, we need to remain extremely grateful to good folks in the WH and DHS for listening to us with an open mind and are honestly following through. Depending on the politics of the situation we might have some action times on thanking them for this - which we would be grateful if the community worked on with us.
reached India yesterday

will be back on June 10

seems like there will be no respite for EB3 with PD of July 2006 people like us who have filed for 485 in 2007 and are just waiting for availibilty of a visa number
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  #645 (permalink)  
Old 05-17-2015, 12:33 PM
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So with i140 EAD, one is free when EAD is approved? I mean we don't have to wait 180 days similar to 485 filing?

Also it would be nice to get an update on the expected timing. Since this is expected to be a notice to comment rule making process, will it really take 1 year as Siskind predicts? Hope this rule making can be put on faster track!
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