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  #76 (permalink)  
Old 07-15-2015, 05:26 PM
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Dang. No. This website is seriously stopping me from posting answers.
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  #77 (permalink)  
Old 07-15-2015, 05:32 PM
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Default what changes can we expect for those with an approved I140?

Quote:
Originally Posted by sengs View Post
We are analyzing the report now to get clear picture. We have similar questions as all of you have. WH is still talking to us regarding the final implementation of this report. So I guess this is a framework based on which they will implement. As hil3182 said, please let us know your questions - and we will try to answer them as much as we can.

1) Please try to be as precise as possible.
2) Please check if anyone else has asked the same question before.
3) Please restrain yourself from taking any action items as some of these tweets and emails have hurt a lot of our (that includes all of you) efforts. This is my personal request.

Thanks.
IV seems to be the only organization that has any clue to what's going on and they certainly are the only ones who want to help us legal immigrants. I appreciate and thank IV's efforts.

I have read this report and I think it is fair to summarize as not being very specific. Some of the proposals do not have any dates or details attached to them.

What changes can we expect for those with an approved I140, who have been with their employer for more than a year and whose PD is 2013 - which only means it is going to be years before the their PD becomes current? What's in this report that can help such legal immigrants who are waiting in line and are caught in the backlogs? How soon can we expect the changes or proposed relief?

Thanks in advance for your answers.
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  #78 (permalink)  
Old 07-15-2015, 06:18 PM
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Quote:
Originally Posted by sengs View Post
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.
Thanks for the clarification sengs.

So since you mentioned that this won't be retroactive (unless otherwise stated), and this rule making will take few months, I guess this won't provide any relief for folks who currently have I-140 approved from previous employers?

This is a great change but just want to understand what will be implications for folks who have I-140 approved from previous employers and whether we should start the process with current employer asap instead of waiting for this rule change.
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  #79 (permalink)  
Old 07-15-2015, 06:24 PM
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Quote:
Originally Posted by haranrk View Post
Thanks for the clarification sengs.

So since you mentioned that this won't be retroactive (unless otherwise stated), and this rule making will take few months, I guess this won't provide any relief for folks who currently have I-140 approved from previous employers?

This is a great change but just want to understand what will be implications for folks who have I-140 approved from previous employers and whether we should start the process with current employer asap instead of waiting for this rule change.
I would start the GC process if the employer is willing, as at this point we do not much detail on your (and mine) specific case. Just for fun, it's always better to have more than one I-140 handy! I have two now.
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  #80 (permalink)  
Old 07-15-2015, 07:45 PM
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Quote:
Originally Posted by haranrk View Post
Thanks for the clarification sengs.

So since you mentioned that this won't be retroactive (unless otherwise stated), and this rule making will take few months, I guess this won't provide any relief for folks who currently have I-140 approved from previous employers?

This is a great change but just want to understand what will be implications for folks who have I-140 approved from previous employers and whether we should start the process with current employer asap instead of waiting for this rule change.
What happened to VB movement. Is that still in cards. At least the report does not have any details about that
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  #81 (permalink)  
Old 07-15-2015, 09:47 PM
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It seems the purpose of today's report publication was more for rationalization of executive action. It doesn't do anything more than to provide justification for rules changes and relief being proposed by the administration. The target audience are the skeptics who are against any immigration changes.
I am guessing major movements towards actual implementation would be around the elections next year. Same goes for HR 213 which is waiting for the 2016 elections so the parties can influence voters.
But on the positive side, this is good for building momentum and there is nothing negative to suggest administration is going back on anything promised.
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  #82 (permalink)  
Old 07-15-2015, 10:17 PM
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Default The way federal government works is very complex

Quote:
Originally Posted by penguin80 View Post
It seems the purpose of today's report publication was more for rationalization of executive action. It doesn't do anything more than to provide justification for rules changes and relief being proposed by the administration. The target audience are the skeptics who are against any immigration changes.
I am guessing major movements towards actual implementation would be around the elections next year. Same goes for HR 213 which is waiting for the 2016 elections so the parties can influence voters.
But on the positive side, this is good for building momentum and there is nothing negative to suggest administration is going back on anything promised.
Policy process in Federal government is complex. I don't think high skilled immigrant community clearly understands how this works. This report is a step in the process for White House to send further instructions to the DHS and USCIS agencies to start implementing the recommendations that they have received. Unless these steps are followed, contentious parties can file law suits to prevent progress on the policy that we so dearly want for ourselves. I hope people who are seeing this in the negative realize the importance of this report and the complex nature of the process.
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  #83 (permalink)  
Old 07-16-2015, 12:45 AM
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Another point to clarify is what it really means about I-140 retainability after 1 year after approval. The report mentions employer revocation or employer going out of business as items that will not interrupt LPR process. What does this mean? Currently, priority date porting ensures that someone doesn't lose their place on the queue anyway, even if these things happen. Secondly, there is no mention of job mobility in that statement, so does that apply?

Lastly and more worrisome: Right now, a worker's priority date is his/her to keep the minute after I-140 approval. Is the intent of the point in the report that it will now only be available 1 year after I-140 approval? if so this is a giant step backward.
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  #84 (permalink)  
Old 07-16-2015, 02:23 AM
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Quote:
Originally Posted by 4WatItsWorth View Post
The report looks like a joke! No EAD for approved 140, no recapture..?
Recapture?? Did anyone ever said that there will be recapture in this report?
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  #85 (permalink)  
Old 07-16-2015, 02:28 AM
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Quote:
Originally Posted by DMX17 View Post
Although most points were already shared by IV, it's good that it's on official paper. Cheers!
.................

2) It also appears that the employee will be free after 1 year of I-140 approval, which contradicts with what we asked for (no wait time). Please confirm.

IS there a way the community/we can help speed up the rule making?
Yes, we asked for it. But some idiots kept on "tweeting" that they wanted to wait 1 year "ONLY". We kept on asking not to tweet the wrong message, but some people just don't learn, don't they?
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  #86 (permalink)  
Old 07-16-2015, 02:34 AM
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Quote:
Originally Posted by hopein2015 View Post
IV asked us to have "Papers Ready". If this is just a report I don't understand why you asked us to have papers ready.
We have said this before, but some folks keep asking the same question again.

The original plan was to make VB current for the month of July. That is why we provides heads up to folks to get papers ready.

Subsequently, because of the EAD for H4 lawsuit, Administration was concerned about a possible lawsuit for making Vb current. dropped the plan for making VB current. So there was change of plan.

In retrospect we did the right thing for sharing what was going on then. If you got papers ready, that will not hurt anyone, you will need them at some point. Many folks will soon be able to use the documents in October.
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  #87 (permalink)  
Old 07-16-2015, 02:46 AM
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Why this report doesn't contain EAD for I-140?
This report is about new fixes. The goal is to make public the new fixes that the Administration plans to implement. Again, these are "NEW" fixes, in addition to the existing fixes were announced earlier, including EAD for I-140.

Why this report is important?

Every one is so focused on EAD for I-140. But what good is EAD for I140 if you cannot change employers or jobs. Or if your employer revokes your I140, invalidating your I140, and thus EAD. What is the point of having an EAD, but having to start your green card process all over again if you change your employer or jobs. And what jobs can one change into using EAD for I140.

This report is an announcement for the fixes that will provide all these answers.

1.) Your employer will be unable to revoke your approved I140 after 1 year.
2.) You can change employer using EAD without having to start your green card process all over again.
3.) Using EAD for I140, you will now be able to change jobs as defined by Same or Similar

In essence, the fixes announced in this report are nuanced, but they will allow you to live with freedoms while on EAD, these freedoms you will otherwise get after getting green card.

Without these fixes, you are throw your EAD for I140 in the dustbin. That is the relevance of this report. Most people waiting in green cards is unable to complete understand the relevance of this report yet. But in time they will understand the relevance. That is why these are very very important fixes. EVERYONE in backlogs will be affected by this report.

Because of Visa Modernization, VB dates are expected to move significantly. That will allow a lot more folks to file for AOS. So if you have prepared your documents, then that is good because a lot of folks are expected to be able to to use them starting October.

Hope this clarifies the significance.
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  #88 (permalink)  
Old 07-16-2015, 02:50 AM
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Quote:
Originally Posted by penguin80 View Post
It seems the purpose of today's report publication was more for rationalization of executive action. It doesn't do anything more than to provide justification for rules changes and relief being proposed by the administration. The target audience are the skeptics who are against any immigration changes.
I am guessing major movements towards actual implementation would be around the elections next year. Same goes for HR 213 which is waiting for the 2016 elections so the parties can influence voters.
But on the positive side, this is good for building momentum and there is nothing negative to suggest administration is going back on anything promised.
Lets put things in perspective and weigh things accordingly. This has nothing to do with the election or election outcome. We don't expect anyone to will win or lose elections because pending green card petition applicants will be able to change jobs, or, because H.R.213 will pass. So this has nothing to do with election. Amplifying or over-blowing this is not helpful. But it is also important to see things in the right prespective because this report makes nuanced but significant changes to the system on the group allowing job mobility to people.
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  #89 (permalink)  
Old 07-16-2015, 02:52 AM
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Quote:
Originally Posted by neodyn55 View Post
Lastly and more worrisome: Right now, a worker's priority date is his/her to keep the minute after I-140 approval. Is the intent of the point in the report that it will now only be available 1 year after I-140 approval?
No, it means that after 1 year, you will not have to restart your green card process even if you change employer. You will be able to change employer and still continue with the same green card petition. And yes, you will still retain your priority date.
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  #90 (permalink)  
Old 07-16-2015, 02:59 AM
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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).
...............................
To the contrary, all the fixes in the report are designed to create an environment of job mobility for applicants with approved I-140. All these fixes are necessary in order to allow job mobility using EAD after I140.

The purpose of all these changes is to provide job mobility to applicants with approved I-140. You can even work for the current employer on EAD immediately after the approval of I-140. Infact, you will be able to change jobs using EAD from I-140, but your employer will have the ability to revoke your I-140 until 1 year. This means. if you have an understanding with the petitioning employer that they will not withdraw your I-140, then, after the implementation of these fixes, you will be able to change employer or jobs immediately after I-140 approval on EAD.
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