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  #316 (permalink)  
Old 12-16-2015, 03:05 PM
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You all are probably reading too much..

http://www.reginfo.gov/public/jsp/EO...sp&sub_index=0

Here it is still "Economically Significant". Happy now?
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  #317 (permalink)  
Old 12-16-2015, 03:07 PM
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Originally Posted by DMX17 View Post
You all are probably reading too much..

http://www.reginfo.gov/public/jsp/EO...sp&sub_index=0

Here it is still "Economically Significant". Happy now?
Being a report, could this data be stale compared to the status on the actual rule content?
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  #318 (permalink)  
Old 12-16-2015, 03:09 PM
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Quote:
Originally Posted by DMX17 View Post
You all are probably reading too much..

http://www.reginfo.gov/public/jsp/EO...sp&sub_index=0

Here it is still "Economically Significant". Happy now?

Happy!
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  #319 (permalink)  
Old 12-16-2015, 03:16 PM
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Quote:
Originally Posted by Flyingcrow View Post
Being a report, could this data be stale compared to the status on the actual rule content?
I meant to say it does not mean much with respect to how long they will take to publish the rule i.e. there is no rule that an "economically significant" rule must be published in 30 days or sooner than others. I think they still get 90 days or more if they wanted to. So let us keep realistic expectations.

Interesting FAQs here:
http://www.reginfo.gov/public/jsp/Utilities/faq.jsp

Relevant one on timing:
Q. How long can OIRA take to review a draft regulation?

A. The period for OIRA review is limited by Executive Order 12866 to 90 days. There is no minimum period for review. Under the Executive Order, the review period may be extended indefinitely by the head of the rulemaking agency; alternatively, the OMB Director may extend the review period on a one-time basis for no more than 30 days
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  #320 (permalink)  
Old 12-23-2015, 09:22 AM
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Looks like the I140 review had been completed by OMB. Should be out for comment period soon.
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  #321 (permalink)  
Old 12-23-2015, 09:49 AM
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Default EAD for I140

I also found this as 'OMB Approved I-140 EAD/Portability Proposed Rule on 12/22/2015'
Not sure about this..
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  #322 (permalink)  
Old 12-23-2015, 10:12 AM
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Quote:
Originally Posted by DMX17 View Post
I meant to say it does not mean much with respect to how long they will take to publish the rule i.e. there is no rule that an "economically significant" rule must be published in 30 days or sooner than others. I think they still get 90 days or more if they wanted to. So let us keep realistic expectations.

Interesting FAQs here:
http://www.reginfo.gov/public/jsp/Utilities/faq.jsp

Relevant one on timing:
Q. How long can OIRA take to review a draft regulation?

A. The period for OIRA review is limited by Executive Order 12866 to 90 days. There is no minimum period for review. Under the Executive Order, the review period may be extended indefinitely by the head of the rulemaking agency; alternatively, the OMB Director may extend the review period on a one-time basis for no more than 30 days
It is approved by OIRA.
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  #323 (permalink)  
Old 12-23-2015, 12:22 PM
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Quote:
Originally Posted by foia View Post
It is approved by OIRA.
Let's wait when it is out on fed register. I tried checking but could not find it (yet).
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  #324 (permalink)  
Old 12-23-2015, 01:13 PM
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Default USCIS is submitting a revision request through a proposed rule entitled

Is this new I 140 EAD ?

http://www.reginfo.gov/public/do/PRA...01511-1615-011

U.S. Citizenship and Immigration Services (USCIS) uses Form I-765 to collect the information that is necessary to determine if an alien is eligible for employment authorization and/or for initial permission to accept employment, renewal of permission to accept employment, or replacement of a lost employment authorization document.

The regulations at 8 CFR 274a.12(a), (b), and (c) describe three broad classes of foreign nationals authorized to work in the United States. Individuals in the first class, described at 8 CFR 274a.12(a), are authorized to work in the United States incident to their immigration status, without restriction on the location of their employment or the type of employment they may accept. Those individuals seeking to obtain an EAD (Form I-766), which contains both evidence of employment authorization and a photograph, typically must file a separate application with USCIS, generally on Form I-765. See 8 CFR 274a.13(a).

Individuals in the second class, described at 8 CFR 274a.12(b), are also employment authorized incident to their nonimmigrant status, but such employment authorization is valid only with a specific employer. Foreign nationals in this second group are not issued an EAD; instead these individuals obtain an Arrival-Departure Record (Form I-94) indicating their nonimmigrant status and attendant employment authorization and do not file separate requests for evidence of employment authorization.

Individuals in the third class, described at 8 CFR 274a.12(c), are required to apply for employment authorization on Form I-765 and may begin working only if USCIS approves their application. Such employment authorization is subject to the restrictions described in the regulations for his or her respective employment eligibility category. With respect to individuals described in the first and third categories, USCIS has the discretion to establish a specific validity period for the EAD.

USCIS also collects biometric information from certain EAD applicants, from whom USCIS has not previously collected biometrics in connection with an underlying application or petition, to verify the applicantís identity, check or update his or her background information, and produce the EAD card.

During this renewal cycle, USCIS is submitting a revision request through a proposed rule entitled, Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,), published in the Federal Register on [insert date]. This rule proposes to provide additional stability and flexibility to certain high-skilled nonimmigrant workers in the United States who are the beneficiaries of approved employment-based immigrant visa petitions but who cannot obtain an immigrant visa number due to current backlogs
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  #325 (permalink)  
Old 12-23-2015, 01:25 PM
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Looks like attorneys won this battle.

http://www.reginfo.gov/public/do/PRA...01511-1615-011

Check Instructions TOC:

Page 2

H. Beneficiary of an approved employment-based immigrant petition facing compelling circumstances--(c)(35). File Form I-765 along with documentation that you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status, that an Immigrant Petition for Alien Worker (Form I-140) was approved on your behalf, and you face compelling circumstances while you wait for your immigrant visa to become available. Please see the USCIS Web site at Application for Employment Authorization | USCIS for the most current information on where to file this benefit request. If you are requesting renewal of employment authorization under (c)(35), to qualify, the difference between your priority date and the date upon which immigrant visas are authorized for issuance for the principal alien’s preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin.
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  #326 (permalink)  
Old 12-23-2015, 02:35 PM
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All the "Date uploaded" points to 11/25 - so this might be the version that IV was already aware of and Aman questioned the administration about. I don't think there is a way to know for sure until it gets published for comments.


Quote:
Originally Posted by thankstooptx View Post
Looks like attorneys won this battle.

http://www.reginfo.gov/public/do/PRA...01511-1615-011

Check Instructions TOC:

Page 2

H. Beneficiary of an approved employment-based immigrant petition facing compelling circumstances--(c)(35). File Form I-765 along with documentation that you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status, that an Immigrant Petition for Alien Worker (Form I-140) was approved on your behalf, and you face compelling circumstances while you wait for your immigrant visa to become available. Please see the USCIS Web site at Application for Employment Authorization | USCIS for the most current information on where to file this benefit request. If you are requesting renewal of employment authorization under (c)(35), to qualify, the difference between your priority date and the date upon which immigrant visas are authorized for issuance for the principal alienís preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin.
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  #327 (permalink)  
Old 12-23-2015, 03:27 PM
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Quote:
Originally Posted by devndev View Post
All the "Date uploaded" points to 11/25 - so this might be the version that IV was already aware of and Aman questioned the administration about. I don't think there is a way to know for sure until it gets published for comments.
I agree with you a 100% and I really, really hope this is not the one that gets published for comments.
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  #328 (permalink)  
Old 12-24-2015, 01:28 AM
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I think we should be ready for the worst case, I.e., if leaked info becomes true.
What can we do besides commenting and how much commenting is effective?
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  #329 (permalink)  
Old 12-24-2015, 03:09 AM
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Exclamation

Beneficiary of an approved employment-based immigrant petition facing compelling circumstances--(c)(35). File Form I-765 along with documentation that you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status, that an Immigrant Petition for Alien Worker (Form I-140) was approved on your behalf, and you face compelling circumstances while you wait for your immigrant visa to become available. Please see the USCIS Web site at
Application for Employment Authorization | USCIS
for the most current information on where to file this benefit request. If you are requesting renewal of employment authorization under (c)(35), to qualify, the difference between your priority date and the date upon which immigrant visas are authorized for issuance for the principal alien's preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin.


If we analysis the draft, first EAD approval will be subjective . Does not make sense with rule that is subjected to someone's interpretation.



We have to voice out concern since it will lead to long waiting time.
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  #330 (permalink)  
Old 12-24-2015, 01:56 PM
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It looks like what IV was saying that I140ead fix is watered down is coming true. IV knew this since July that there won't be I140ead for ALL I140 approved and only I140 portability and I140ead in compelling circumstances is what the legal community would get, but they were fighting the battle fiercely against lawyers/employers but their voice was not heard.

Though it's not official yet, but I prepared myself for the worst specially after Aman's speech, Disappointed that the whole legal community may not get I140ead for all I140 approved from the i140ead draft. But we need to keep on fighting and supporting and following IV instructions.

Wondering what is the meaning of relief as part of EO, The only relief I see is I140 portability. This way people atleast change their jobs without restarting the perm/i140 but have to remain on H1b visa. This means even after working in this country for more than or equal 8-10 years, there is no way US want to provide relief from these endless H1b renewals/stamping/transfers/documentation/lawyer fees/etc for the benefit of lawyers/employers and their own.

How can 1615-ac05 is economically significant if it is for people in compelling circumstances? Seems like this rule is prepared for lawyers/employers and not for people who are aspiring to become US citizens. US please shut down the borders and don't let anybody enter US from other countries that way you can safeguard your citizen interests.

As we have to wait until AD/FD becomes current, that is around 10 years from your PD, does it not come under compelling circumstances?

EA planned to provide EAD to illegals unconditionally, what did legal backlogged community did to deny EAD? WTF?

Can we start the Flower campaign again? or just pack our bags and all leave(self deport) at once until next year, this way all IT projects will go down and US economy too, forcing them to provide us what we want? OR All self deport for the good and all work to improve our own country and make it a future america, I know its impossible, but nothing is impossible if all come together with same goals.

do I need to expect anything good for HR213 future and all our efforts for HR213 out of this misery, irony from this pathetic I140ead rule? I feel for IV, thanks for your selfless work.

God help legal community if at all Trump comes, he will trump all of us for sure with more H1b sanctions. Feels like H1b person is like a terrorist or a contagious disease in this country.

Sorry for the frustration and negativity in my post, hope i will get better soon.

Quote:
Originally Posted by shv View Post
One person on track itt forum is confidently claiming since July29th that i140ead is dead and only I140portability is in the works, and he claims that the source is horses deputy's deputy. Though I don't believe in rumours, but after Aman's speech and his views and all the talk here of anti-immigrant lobbying against I140ead, I'm little leaning towards this rumour. If the upcoming proposed rule doesnt mention ead/ap and just job portability then I would be very very very disappointed and heart broken. Hoping for the best for ALL!
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