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  #316 (permalink)  
Old 09-10-2015, 01:27 PM
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Quote:
Originally Posted by hil3182 View Post
Even if there is a 180 day delay for I140-EAD+AP (please don't forget the AP), it shouldn't effect most of us. My understanding any delay is measured from date of I-140 approval, not EAD recipt. If that is not the case I guarantee you, we will push for it.

The way we envision things working, under the new scheme of things filing I-485 is not going to be a big deal at all. Once you get you I-140 EAD, if you don't like your current employment situation you can just switch jobs and file I-485 from the new job. If you get a better job offer within 180 days, then there is nothing stopping you from switching again and filing I-485 for a second time with the new job. This is distinct from the current scheme where you have to go through the whole process all over again.

The current cumbersome inflexible regulations (note regulations - not laws), were crafted by unethical immigration lawyers and tech lobbyists to minimize our job flexibility and maximize our attorney's fees. All we are doing with these changes is bringing the application of the law in sync with congresses intent when they wrote it - before it was hijacked by some DC insiders.

One thing to keep in mind is these EAD's are very limited. You will have to work in "same or similar" occupations, it is unknown if you can start your own company and you could loose it if any job you take is not "same or similar" to the job for which you have an approved labor. Only HR.213 can fix this. If we can get HR.213 done by the end of the year, by next September most of us will have Green Cards, not some shitty EAD.
What if I140 is revoked by the employer? What is the point of having EAD then? Also, using AC21, if priority date can be captured, why not allow usage of previous I140 too, to get the EAD or so called Advance AoS? I think there was no need for this change. This change is all politically motivated and seems to have no intent to fix actual issues.
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  #317 (permalink)  
Old 09-10-2015, 01:37 PM
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Originally Posted by vikastaneja View Post
What if I140 is revoked by the employer? What is the point of having EAD then? Also, using AC21, if priority date can be captured, why not allow usage of previous I140 too, to get the EAD or so called Advance AoS? I think there was no need for this change. This change is all politically motivated and seems to have no intent to fix actual issues.
One of the changes that is happening is I140 will not be able to be revoked after 6 months.

http://www.uscis.gov/news/alerts/aao...d-court-briefs
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  #318 (permalink)  
Old 09-10-2015, 01:45 PM
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Quote:
Originally Posted by vikastaneja View Post
What if I140 is revoked by the employer? What is the point of having EAD then? Also, using AC21, if priority date can be captured, why not allow usage of previous I140 too, to get the EAD or so called Advance AoS? I think there was no need for this change. This change is all politically motivated and seems to have no intent to fix actual issues.
Read Hil's post again before making strong conclusions.

I suggest you do some careful analysis of what is IV pushing for and why and how it will benefit you. Also think about the hundreds of thousands like you.

For instance, the new fixes will make it so that a revoked I-140 will remain valid after one year of approval date as long as it remained unrevoked for 1 year. This is a big deal. In effect, it means that you need to be work for the I-140 employer until you get the EAD which you will get after one of I-140 approval plus 90 days. Then AP. Then add "Same/similar" fix.

And if there is no need for these fixes from your perspective, that is fine.

As for solving actual issues, the lawyers are working it as we speak.
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  #319 (permalink)  
Old 09-10-2015, 02:06 PM
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Quote:
Originally Posted by DMX17 View Post
Read Hil's post again before making strong conclusions.

I suggest you do some careful analysis of what is IV pushing for and why and how it will benefit you. Also think about the hundreds of thousands like you.

For instance, the new fixes will make it so that a revoked I-140 will remain valid after one year of approval date as long as it remained unrevoked for 1 year. This is a big deal. In effect, it means that you need to be work for the I-140 employer until you get the EAD which you will get after one of I-140 approval plus 90 days. Then AP. Then add "Same/similar" fix.

And if there is no need for these fixes from your perspective, that is fine.

As for solving actual issues, the lawyers are working it as we speak.
Nobody is speaking about people who have I140 from previous employers. I am sure big number of people are in this category. This is make me more pessimistic and pissed off.
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  #320 (permalink)  
Old 09-10-2015, 02:15 PM
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Originally Posted by vikastaneja View Post
Nobody is speaking about people who have I140 from previous employers. I am sure big number of people are in this category. This is make me more pessimistic and pissed off.
Honestly that is because there isn't much to say.

The way things work right now, if you have a job offer from the previous employer, you can rejoin and file AoS - if the "new" Acceptance Date is current.

If that is not an option, you will have to wait until the I140-EAD+AP & early AoS NRPM's are published to find out if they have taken I140 from previous employers into consideration.

If they haven't we will both push for it behind the scenes & send in comments asking them to address the oversight.

What the hell else do you want us to do?

Aren't you happy to see things finally moving in our favor? Just because the current state of affairs don't benefit you personally, don't you see that things are moving in the right direction and you will eventually benefit.

You sound like you are clinically depressed - go see a shrink.
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  #321 (permalink)  
Old 09-10-2015, 02:16 PM
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Quote:
Originally Posted by hil3182 View Post
One of the changes that is happening is I140 will not be able to be revoked after 6 months.

AAO Seeks Amicus Curiae (friend of the court) Briefs | USCIS
The AILA response to this one I thought was clever. If I recall, they had all arguments but the main one "who owns the I-140".
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  #322 (permalink)  
Old 09-10-2015, 02:19 PM
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Originally Posted by vikastaneja View Post
Nobody is speaking about people who have I140 from previous employers. I am sure big number of people are in this category. This is make me more pessimistic and pissed off.
If are asking for my opinion, I think people with previous valid I-140's will likely by allowed to file for EAD/AP. Happy?
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  #323 (permalink)  
Old 09-10-2015, 02:25 PM
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I think folks are loosing the bigger picture and getting into too much of their personal benefit scenario - When was last time previous employer's 140 allowed ? Its no different today but will surely change - Thanks to IV's foresightedness .

We should be positive that further fixes are coming sooner - the VB with new 'AD' date is just start of package of fixes coming to reality . Things are going in positive direction as IV has indicated already . So in grand scheme of things its matter of time till most of the folks get to see the light of the day
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  #324 (permalink)  
Old 09-10-2015, 02:38 PM
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Hi, I have filed 485 in 2007 and my wife's 485 is NOT filed. I have changed my co in 2011. Now my priority date is in Acceptance Cut-Off Date. Can I file 485 for my wife in this case?

I read the forum, but I could not find the answer. Sorry if you have already answered.
Thanks.
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  #325 (permalink)  
Old 09-10-2015, 03:05 PM
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Originally Posted by gcharry View Post
Hi, I have filed 485 in 2007 and my wife's 485 is NOT filed. I have changed my co in 2011. Now my priority date is in Acceptance Cut-Off Date. Can I file 485 for my wife in this case?

I read the forum, but I could not find the answer. Sorry if you have already answered.
Thanks.
I don't see why not.
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  #326 (permalink)  
Old 09-10-2015, 03:06 PM
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Quote:
Originally Posted by gcharry View Post
Hi, I have filed 485 in 2007 and my wife's 485 is NOT filed. I have changed my co in 2011. Now my priority date is in Acceptance Cut-Off Date. Can I file 485 for my wife in this case?

I read the forum, but I could not find the answer. Sorry if you have already answered.
Thanks.
Everything I know says if you have a new I-140 with current "Application Date" PD - you should be good to file.

As always, check with your attorney first.

Good luck
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  #327 (permalink)  
Old 09-10-2015, 03:29 PM
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Thanks Hill and DMX.

I don't have new I-140. I filed AC21 when I switched the co. OK, I will check with the attorney.

Thanks
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  #328 (permalink)  
Old 09-10-2015, 03:32 PM
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Originally Posted by DMX17 View Post
I don't see why not.
Sorry I spoke too soon. Looks like you can't but please check with a lawyer.

From 485 instructions page 1, you can apply when your spouse 485 is approved.
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  #329 (permalink)  
Old 09-10-2015, 04:46 PM
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Quote:
Originally Posted by pappu View Post
We had a meeting at the White House today. Posted on IV facebook page


Proud to be here today on behalf of high skilled immigrants across the country. Looking forward to a productive...

Posted by Immigration Voice on Thursday, September 10, 2015
Great work . Proud of you IV !
Hope coming weeks/months are promising for rest of the EB folks who cant not file AOS due to date not being current this time .

Thanks for being the hope there
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  #330 (permalink)  
Old 09-10-2015, 07:26 PM
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Default Can we go back to H1

thanks IV for making all these things a reality. I have been lurking around here but did not join the group.

My wife and I are on H1. Her priority date is late 2011 and mine is 2010.
I am planning to apply for 485 and move to EAD. Also I want to move her to EAD with my 485.
God forbid, if something happens to my GC processs, can my wife go back to her H1?
Both of us are on H1 extensions due to our approved 140s.

When we asked this question, her company's paralegal said that we could go back to the H1 since she has been on H1 for the past six years. But we doubt it.

Appreciate any inputs.
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