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  #61 (permalink)  
Old 07-15-2015, 05:10 PM
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Quote:
Originally Posted by sengs View Post
My interpretation on this is - after 365 days of I-140 approval you are the owner of your I-140. Employer cannot revoke it anymore. If your previous employer has already revoked it, I don't think you'll be able to retrieve it. It will all be active after the rule is implemented.
I think what most people would love to understand is whether this provision is retroactive. That is, when this rule goes into effect, can one make use of an ex-employers I-140 if it's not already been withdrawn (assuming it's been more than a year since that I-140 was approved)?
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  #62 (permalink)  
Old 07-15-2015, 05:11 PM
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From the document, The only possible fix seems to be employee owning I140 after 1 year. Apart from this most of the other seems to be guidance to different problems. Is my understanding correct?

Specifically,
1. Early AOS seems to be a distant dream
2. I140 EAD/AP seems to be not touched at all. So looks like no plans for that as well.

Is this the reason for IV pushing for HR 213?
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  #63 (permalink)  
Old 07-15-2015, 05:11 PM
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Quote:
Originally Posted by DMX17 View Post
Couple more question:
1) What is the best estimate for completing the rule making process to provide portable work authorization (EAD + AP) to approved I-140 beneficiaries per RIN: 1615-AC05? The NPRM is targeted in October 2015.
2) What does this mean?:
“Recommendation 4: Clarify and expand protections for employment-based immigrants and nonimmigrants.

Provide increased guidance on job flexibility provisions for H-1B workers seeking other H-1B employment, including changing jobs or employers; “
1) It will go through regular rule-making process. You don't want a valuable rule to be sued and stopped, right?
2) I believe this is same or similar jobs guidelines.
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  #64 (permalink)  
Old 07-15-2015, 05:12 PM
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So, is IV said that "Report is locked, will not be watered down" and mentioned about i140 and ead etc etc.. but in this report there is no mention of i140 and EAD...

so was the report "watered down"? did they cite "technical glitch" and changed the original report?
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  #65 (permalink)  
Old 07-15-2015, 05:13 PM
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Quote:
Originally Posted by nohohon View Post
I think what most people would love to understand is whether this provision is retroactive. That is, when this rule goes into effect, can one make use of an ex-employers I-140 if it's not already been withdrawn (assuming it's been more than a year since that I-140 was approved)?
No rule is retroactive until explicitly mentioned. I don't see that happening here.
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  #66 (permalink)  
Old 07-15-2015, 05:14 PM
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Quote:
Originally Posted by thokkalohdi View Post
So, is IV said that "Report is locked, will not be watered down" and mentioned about i140 and ead etc etc.. but in this report there is no mention of i140 and EAD...

so was the report "watered down"? did they cite "technical glitch" and changed the original report?
Yes but it is "kinda" there.

It is definitely here:
http://www.reginfo.gov/public/do/eAg...&RIN=1615-AC05
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  #67 (permalink)  
Old 07-15-2015, 05:15 PM
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Quote:
Originally Posted by thokkalohdi View Post
So, is IV said that "Report is locked, will not be watered down" and mentioned about i140 and ead etc etc.. but in this report there is no mention of i140 and EAD...

so was the report "watered down"? did they cite "technical glitch" and changed the original report?
Technical part is the other part of the report that has been published separately….
https://www.whitehouse.gov/blog/2015...em-digital-age

This and the report implementation are inter-dependent.
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  #68 (permalink)  
Old 07-15-2015, 05:16 PM
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Quote:
Originally Posted by nohohon View Post
I think what most people would love to understand is whether this provision is retroactive. That is, when this rule goes into effect, can one make use of an ex-employers I-140 if it's not already been withdrawn (assuming it's been more than a year since that I-140 was approved)?
From the report, it says we can use I 140 for EAD, even if employer withdraw or he goes out of business. If this case is included, then I am pretty sure we can use previous employer's I 140. This report is not fully detailed, we will have to wait for full language.
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  #69 (permalink)  
Old 07-15-2015, 05:17 PM
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This website is not allowing me to post answers in quick successions. So I will take a break while you guys keep sending us your questions. Someone will definitely get back to you.
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  #70 (permalink)  
Old 07-15-2015, 05:18 PM
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Quote:
Originally Posted by sengs View Post
1) It will go through regular rule-making process. You don't want a valuable rule to be sued and stopped, right?
2) I believe this is same or similar jobs guidelines.
Thanks Sengs.

So 6-7 months after Oct 2015? Just making sure coz the negativity everywhere points to end of 2016 before we will see this rule in effect.

Unless the visa bulletin moves to 2011, I need this rule.
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  #71 (permalink)  
Old 07-15-2015, 05:19 PM
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Quote:
Originally Posted by DMX17 View Post
Thanks Sengs.

So 6-7 months after Oct 2015? Just making sure coz the negativity everywhere points to end of 2016 before we will see this rule in effect.

Unless the visa bulletin moves to 2011, I need this rule.
You and I are in the same boat buddy.
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  #72 (permalink)  
Old 07-15-2015, 05:20 PM
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Repeating my question from before (#35)

Actually, I'm really bothered that there's nothing in this report that hints about job mobility and improved handling of job changes, nothing that ties back to the proposed rule making by DSH (EAD + AP after I-140).

I would think that's a serious omission. Can someone from IV explain? If this is the be-all and end-all of reports, why is this not put down plainly? They've specifically called out H4 work authorization.

Does the omission tie into potential inaction on the proposed rule making for I-140 EAD/AP?
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  #73 (permalink)  
Old 07-15-2015, 05:21 PM
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What does owning your I-140 mean?

Say if I change jobs after getting I-140 approved from old employer, I still need to restart the process from PERM, I-140 with the new employer before I can file I-485 (if my PD is current) ?
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  #74 (permalink)  
Old 07-15-2015, 05:22 PM
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Quote:
Originally Posted by neodyn55 View Post
Repeating my question from before (#35)

Actually, I'm really bothered that there's nothing in this report that hints about job mobility and improved handling of job changes, nothing that ties back to the proposed rule making by DSH (EAD + AP after I-140).

I would think that's a serious omission. Can someone from IV explain? If this is the be-all and end-all of reports, why is this not put down plainly? They've specifically called out H4 work authorization.

Does the omission tie into potential inaction on the proposed rule making for I-140 EAD/AP?
EAD/AP for I-140 is already in the rule making process. Don't worry. It will be there when it is ready. It will take the full rule making process as I have mentioned earlier.
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  #75 (permalink)  
Old 07-15-2015, 05:24 PM
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Quote:
Originally Posted by haranrk View Post
What does owning your I-140 mean?

Say if I change jobs after getting I-140 approved from old employer, I still need to restart the process from PERM, I-140 with the new employer before I can file I-485 (if my PD is current) ?
Once this rule is implemented, you don't have to do any of the above if it is more than 1 year since your I-140 was approved.
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