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  #376 (permalink)  
Old 12-30-2015, 12:38 PM
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Quote:
Originally Posted by DMX17 View Post
Indeed the worst year in immigration. Lawyers won with their H-1 extensions and re-starting the GC processes.

The employers will not be able to revoke the I-140 after 180 days and now the immigrants can safely extend their H-1 visas for another employer and re-start GC process there. This is their definition of providing flexibility and stability and they are calling it "enhance job portability for certain workers" .
Waiting for IV Core's response.
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  #377 (permalink)  
Old 12-30-2015, 12:49 PM
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Quote:
Originally Posted by DMX17 View Post
Indeed the worst year in immigration. Lawyers won with their H-1 extensions and re-starting the GC processes.

The employers will not be able to revoke the I-140 after 180 days and now the immigrants can safely extend their H-1 visas for another employer and re-start GC process there. This is their definition of providing flexibility and stability and they are calling it "enhance job portability for certain workers" .

This rule is actually "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program under H1B " ... Wonder what changed with this rule that 180 pages of document is needed for this ?
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  #378 (permalink)  
Old 12-30-2015, 12:55 PM
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Quote:
Originally Posted by Flyingcrow View Post
Waiting for IV Core's response.
I think since July, IV knew this crap is coming and they were fighting fruitlessly and on the other hand promoting HR213 as well. Lawyers/employers lobbying won. Because IV didn't get the recognition in the discussion meetings as lawyers tactfully managed to single them out by showing online petitions, tweets etc (This is my assumption).

Lawyers/employers have done their work now its time for the legal immigrants to gather and show the might and fight it out and provide positive comments to restructure the proposed rule for the benefit of EB folks in the coming 60 days starting tomorrow. The War has just started, fight for yourself in a positive way and support IV all the way and followup only their instructions.

Other possible ways to fight this crap could be media involvement and 50k people chanting for the EB rights infront of WH.
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  #379 (permalink)  
Old 12-30-2015, 01:01 PM
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So far the only good things I read were:
a) 60 Days grace period on termination while on visa.
b) No gap in employment when EAD adjudication is pending.
c) i140 after 180 days shall not be revoked automatically. (This was never a problem for many except who work with shoddy shops.)

The special circumstance limited period EAD is ofcourse severely watered down version.
And the need to maintain H1b was given since no EAD is being given, but I thought i140 portability would be atleast little better than just the 'will not be revoked automatically', since having to restart PERM and i140 with new employer is the biggest hassle.

Everything has gone south with this modernization effort. And it will take another 1 yr for this to come into effect.

People have important decisions to make for themselves, this country is no more welcome for immigrants.
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  #380 (permalink)  
Old 12-30-2015, 01:22 PM
shv shv is offline
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Just removing the compelling cicumstances criteria that is point #4 below and it changes the whole dynamics and sounds way better, I will comment to remove compelling circumstances criteria from the proposed rule and provide the hardships that we are facing with the broken immigration system. or else I can comment saying add one more point in the compelling circumstances criteria highlighted in Bold (provided that IV says so):-
  • Serious Illnesses and Disabilities.
  • Employer Retaliation.
  • Other Substantial Harm to the Applicant
  • Significant Disruption to the Employer
  • Approved immigrant visa petition applicants face/facing long wait times to file AOS

Quote:
Originally Posted by dkshitij View Post
page 96 of the proposed rule:

Eligibility for Employment Authorization in Compelling Circumstances

Specifically, the proposed rule would provide the ability for individuals to apply for employment authorization for 1 year when they meet all of the following criteria: (1) the individual is currently in the United States and maintaining E-3, H-1B, H-1B1, O-1 or L-1 nonimmigrant status; (2) the individual is the beneficiary of an approved immigrant visa petition under the EB-1, EB-2 or EB-3 classification; (3) the individual
does not have an immigrant visa immediately available; and (4) the individual can demonstrate to the satisfaction of DHS compelling circumstances that justify an independent grant of employment authorization.

DHS, however, has currently identified four circumstances in which it may consider granting employment authorization under the proposed change:

Serious Illnesses and Disabilities.
Employer Retaliation.
Other Substantial Harm to the Applicant
Significant Disruption to the Employer

DHS is further proposing that workers who have been granted 1 year of
employment authorization under the proposed rule would not be able to extend such
employment authorization at the end of the 1-year period unless certain criteria are met.
DHS is proposing to limit renewal of such employment authorization to those workers
who can show that they continue to be the principal beneficiary of an approved EB-1, EB-2or EB-3 immigrant visa petition and either: (1) the worker continues to face compelling circumstances; or (2) the worker has a priority date that is less than 1 year from the current cut - off date for the relevant employment -based category and country of nationality in the most recent visa bulletin published by the Department of State.

Basically, everyone won except the "beneficiary" immigrant.
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  #381 (permalink)  
Old 12-30-2015, 01:29 PM
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After reading through a lot of it, I feel that DHS wasted its own time for the most part. They should remove the first part "Retention of EB-1, EB-2, and EB-3 Immigrant Workers" from the name as it is misleading. It provides temporary relief to probably under 5% of EB-1, EB-2 and EB-3 immigrant workers.
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  #382 (permalink)  
Old 12-30-2015, 01:29 PM
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Just to clear things up, there is an explanation of page 65 bottom that makes it clear why we cannot use previously approved I-140 (but remaining valid for portability purposes after 180 days) from another employer. So to file a brand new Adjustment of Status, you need to have a valid I-140 with a bona fide job offer which you may not have if you have left the previous employer.

Quote:
As noted above, DHS is proposing to amend its regulations governing
applications for adjustment of status to prohibit approval of such an application when the
approval of the immigrant visa petition on which the application is based has been
revoked. See proposed 8 CFR 245.25(a). DHS is also proposing, however, as discussed
in section IV.B., to amend its regulations governing revocation of petition approval so
that employment-based immigrant visa petitions that have been approved for 180 days or
more would no longer have such approval automatically revoked based only on
withdrawal by the petitioner or termination of the petitionerís business. See proposed 8
CFR 205.1(a)(3)(iii)(C) and (D). As long as such an approval has not been revoked for
fraud, material misrepresentation, the invalidation or revocation of a labor certification,
or USCIS error, the petition would generally continue to be valid for purposes of section
204(j) job portability and certain status extension purposes under the immigration laws. Such a petition, however, cannot on its own serve as the basis for obtaining an
immigrant visa or adjustment of status as there is no longer a bona fide employment offer
related to the petition. Id. In such cases, the beneficiary will need a new immigrant visa
petition approved on his or her behalf, or a new offer of employment in section 204(j)
portability cases, in order to obtain an immigrant visa or adjust status.
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  #383 (permalink)  
Old 12-30-2015, 01:36 PM
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What a slap to the face! Really forces me to think whether I want to live in this country or not. WOW...this is ridiculous.
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  #384 (permalink)  
Old 12-30-2015, 01:56 PM
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Retention of Prority Dates is very important. It was not in regulations before and USCIS had started refusing it. Most people DONT realize that. They take it for Granted.

We need to SUPPORT Retention of Priorty Date.
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  #385 (permalink)  
Old 12-30-2015, 02:34 PM
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Quote:
Originally Posted by palciparum View Post
Retention of Prority Dates is very important. It was not in regulations before and USCIS had started refusing it. Most people DONT realize that. They take it for Granted.

We need to SUPPORT Retention of Priorty Date.
In current law, PD was anyway supposed to be retained even if employer has revoked. So maybe this is just making it sure but nothing new. A PD, in current law, is retained but maybe USCIS was making an error which can be corrected by the lawyers. So this thing is not new. What is new is the I-140 will continue to be good for H1 extensions even after employer tries to revoke after 180 days.
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  #386 (permalink)  
Old 12-30-2015, 03:53 PM
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Quote:
Originally Posted by palciparum View Post
Retention of Prority Dates is very important. It was not in regulations before and USCIS had started refusing it. Most people DONT realize that. They take it for Granted.

We need to SUPPORT Retention of Priorty Date.
I don't know whose priority dates were not getting retained but from first hand experience from 2 or 3 weeks ago, my priority dates from 2012 were retained and I got my I-140 approved in EB2. my previous application with a different employer was an EB-3 application.
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  #387 (permalink)  
Old 12-30-2015, 04:41 PM
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A job is considered menial or not based on how easy it is to train an ordinary guy to do that job. You can pick any college educated undergraduate to train and work on sap. How many people do you know who got green card advertising for sap position, the answer will be almost none, you know why, because SAP, informatica are all packages and dont need special skill to lean them, that is why you will not get labor certification for working in menial jobs like sap, informatica and other tools and packages. This is why desi sweat shops and these so called consultants abuse the green card process claiming they are working as software programmers when infact they doing menail jobs like sap.

The only point I am trying to make is, with h1 abuse instead of getting the people withs skills that are relatively harder to get, with h1 and green card fraud, you are getting people to work on sap etc which anyone can be trained in a couple of weeks. If you dont know that welcome to desi sweat shop fraud whcih is a a conveyor belt producing saps, informatica consultants. They "train" people for a couple of weeks, then interview where someone else takes the call on your behalf and you join for 70 to 90$ per hour. This same sap was paying close to 150$ an hour a couple of years ago. Dont judge a skill by what is pays, just two years ago in the canada and north dokata shale gas producing region, burger flippers were getting 100k+ and sign on bonus. Doesn't mean burgers flippers were geniuses making burgers were oil field workers, it is called demand and supply. desi sweat shops and desi consultants are robbing decent paying jobs

Quote:
Originally Posted by sean231 View Post
Dude,
There will be rotten tomatoes everywhere.....don't generalize. I'm surprised that you've termed working in SAP as doing "menial" jobs -- if that were the case; companies wouldn't be paying $100 plus per hour for these "menial" jobs. These are the real numbers being made by the consultants working on H1-B & making that kind of money (the consultants themselves). Agreed that the system is being abused; but that does not mean everyone is a rogue. For every milkman that you've come across there would be a lot more people working in SAP and coming up with complex solutions benefiting various businesses.
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  #388 (permalink)  
Old 12-30-2015, 04:48 PM
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Unrelated question probably, what would happen to H4-EAD, if this rules comes in effect?
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  #389 (permalink)  
Old 12-30-2015, 04:53 PM
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Quote:
Originally Posted by 2008candid View Post
Unrelated question probably, what would happen to H4-EAD, if this rules comes in effect?
Nothing. It will continue with the same process tied to H4 and H-1B. In case you missed it, almost all of us will no on H-1B. So just another day in America of business as usual.
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  #390 (permalink)  
Old 12-30-2015, 05:48 PM
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The rule incorporated things which they clearly know are not very helpful and fall very short in EB community expectations. We cannot just rely on commenting on the rule. I don't think it would really change ground reality.
We kept on losing ... feeling so frustrated and helpless. Would like to hear from IV core team. I think we need radical change in the strategy. As you all know, time is essence here.
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