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  #106 (permalink)  
Old 10-28-2015, 12:20 PM
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vikidisi is a jewel in the rough vikidisi is a jewel in the rough vikidisi is a jewel in the rough
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Quote:
Originally Posted by waitinglongtime View Post
From other website

who supported I140-EAD : separating MILK and WATER, I140EAD with AP mentioned in IV comments

Immigration-voice(IV) Aman Kapoor Regulations.gov

http://www.regulations.gov/contentSt...ontentType=pdf

16-Associations (includes AILA)- Regulations.gov

http://www.regulations.gov/contentSt...ontentType=pdf

Fragomen- Regulations.gov

http://www.regulations.gov/contentSt...ontentType=pdf

http://www.regulations.gov/contentSt...ontentType=pdf

http://www.regulations.gov/contentSt...ontentType=pdf

http://www.regulations.gov/contentSt...ontentType=pdf

http://www.regulations.gov/contentSt...ontentType=pdf

Compete America- Regulations.gov

http://www.regulations.gov/contentSt...ontentType=pdf

Council of Global Immigration- Regulations.gov

http://www.regulations.gov/contentSt...ontentType=pdf

Greg siskind : ??????????

CYRUS MEHTA- Regulations.gov

http://www.regulations.gov/contentSt...ontentType=pdf

AILA-http://www.regulations.gov/#!documentDetail;D=USCIS-2014-0014-1499

http://www.regulations.gov/contentSt...ontentType=pdf

This is a great post. Separating the milk from water

Hil - can we should move this to a new thread? Call it "Here's the evidence" or something. So that everyone can review and get their thinking straight. This is great content that everyone needs to see.
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  #107 (permalink)  
Old 10-28-2015, 12:27 PM
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barathvb is on a distinguished road
Default one year eligibility

A quick question...

"The current draft regulation limits EAD eligibility to primary beneficiaries and their derivative family members with an I-140 petition that has been approved for at least one year"

1. What date are they actually referring to when they mean one year? Is it the priority date? or is it the date when the I-140 petition is approved by USCIS?

2. Why are they proposing this one year requirement? What is our action item to have this removed?
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  #108 (permalink)  
Old 10-28-2015, 12:39 PM
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Quote:
Originally Posted by barathvb View Post
A quick question...

"The current draft regulation limits EAD eligibility to primary beneficiaries and their derivative family members with an I-140 petition that has been approved for at least one year"

1. What date are they actually referring to when they mean one year? Is it the priority date? or is it the date when the I-140 petition is approved by USCIS?

2. Why are they proposing this one year requirement? What is our action item to have this removed?
1. Approval Date
2. Stay tuned for Action items
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  #109 (permalink)  
Old 10-28-2015, 12:46 PM
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Quote:
Originally Posted by vikidisi View Post
1. Approval Date
2. Stay tuned for Action items
Using the Approval date seems unfair. I believe they should use the priority date. We are already going through more than 1 year of process (currently 7 to 8 months for labor certification and few more months for I-140 processing). This easily adds up to more than a year difference between approval date and priority date. Using approval date is more evil. Why can't they keep it consistent and use priority date?

I request we create an action item to use priority date instead of the approval date. Can we please?
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  #110 (permalink)  
Old 10-28-2015, 01:02 PM
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Quote:
Originally Posted by barathvb View Post
Using the Approval date seems unfair. I believe they should use the priority date. We are already going through more than 1 year of process (currently 7 to 8 months for labor certification and few more months for I-140 processing). This easily adds up to more than a year difference between approval date and priority date. Using approval date is more evil. Why can't they keep it consistent and use priority date?

I request we create an action item to use priority date instead of the approval date. Can we please?
:-) Rest assured, IV is on it.

It just doesn't make sense because right now folks from other countries can file I-485 concurrently. Also most people are in year 7 or so by the time they get their I-140, what will an additional year do?
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  #111 (permalink)  
Old 10-28-2015, 01:12 PM
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Quote:
Originally Posted by vikidisi View Post
:-) Rest assured, IV is on it.

It just doesn't make sense because right now folks from other countries can file I-485 concurrently. Also most people are in year 7 or so by the time they get their I-140, what will an additional year do?
Thanks. IV is my only ray of hope. I will follow all the action items related to this.

I will have my approved I-140 in the next two months (hopefully). I am running out of L1B time mid next year. Unfortunately, I did not get selected in this year's H1B lottery and am scared about next year's lottery. If I don't make it in next year's lottery, I have to leave the country. I really hope I will be able to use I-140 EAD before I run out of L1B time.
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  #112 (permalink)  
Old 10-28-2015, 01:14 PM
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DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice
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Quote:
Originally Posted by vikidisi View Post
:-) Rest assured, IV is on it.

It just doesn't make sense because right now folks from other countries can file I-485 concurrently. Also most people are in year 7 or so by the time they get their I-140, what will an additional year do?
I like this attitude and let's change that 1 year if possible.

Just so the immigrant community knows that I am their true savior, I have been advocating for this ever since I joined IV. Action speaks for itself. Please follow me twitter!

Quote:
Originally Posted by DMX17 View Post
IV team,

I am not sure if it is too late to butÖ.One point to consider in the list of suggestions:

Allow application of I-485/EAD/AP at the time of filing I-140 even if PD is not current (not after I-140 is approved). This way, the AC21 180 days after filing I-485 relief starts at the same time as filing the I-140/485/EAD/AP.

The benefit of above would be that the beneficiary does not have to wait for I-140 approval, which for a non-premium case could mean as long as 6-8 months.

Note that the above suggection is consistent with the current regulation of allowing concurrent filing of I-485/140/EAD/AP if PD is current.

Thanks.
Just for giggles, according to the immigration laws created by the beloved advocates, we all are openly advertising our intent to leave the sponsoring employer even before they file our PERM and I-140 is approved. That could be considered fraud. However, I say itís just intent and it cannot be proved.
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  #113 (permalink)  
Old 10-28-2015, 01:21 PM
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Our position regarding wait times on I140-EAD is there is no basis in statue for ANY wait times.

People are confusing I485-EAD with I140-EAD. With I1485-EAD you will have to wait 6 months after your PD becomes current - as required by statue.

We are asking for ZERO wait times for I140-EAD. Let us see what we get.
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  #114 (permalink)  
Old 10-28-2015, 01:30 PM
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Quote:
Originally Posted by hil3182 View Post
Our position regarding wait times on I140-EAD is there is no basis in statue for ANY wait times.

People are confusing I485-EAD with I140-EAD. With I1485-EAD you will have to wait 6 months after your PD becomes current - as required by statue.

We are asking for ZERO wait times for I140-EAD. Let us see what we get.
This is Awesome. Hopefully We get Zero Wait time.
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  #115 (permalink)  
Old 10-28-2015, 01:44 PM
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Originally Posted by gopal008 View Post
This is Awesome. Hopefully We get Zero Wait time.
Not only that, if things work out the way we hope it will, you will not even be restricted by 6 months on I1485-EAD.

If you loose your job (or find a better one within 6 months of filling I485-EAD), just refile your I1485 with the new employer - your medicals will still be valid.

This is why employers & lawyers are shit scared of the fixes we a pushing through. From 100% leverage over us, their control over us will drop to near 0% once we get I140-EAD.

The efforts they are putting towards killing our fixes are acts of pure desperation at this point. They have a lot of money and access - we are taking them very seriously.
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  #116 (permalink)  
Old 10-28-2015, 01:54 PM
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Default Oct VB Reversal still possible?

As the focus has shifted towards I140-EADAP, the Oct VB reversal has taken a backseat.
Well the litigation takes its own time, I'm wondering if IV still thinks Oct VB reversal is possible?
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  #117 (permalink)  
Old 10-28-2015, 02:08 PM
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Quote:
Originally Posted by Ramalingam View Post
First of all we cannot expect the policy of one person or group cannot be same as other.

Everyone clearly knows that Lawyers were pushing for recapture and dependent exemption. In fact IV also did some campaign for recapture in last March. So that means IV also had some confident on recapture also. IV was working on temporary fixes like I140 and H4-EAD etc. If IV succeeds in those fixes why lawyers also have to work on it,. Instead they can concentrate on bigger things like recapture. Those needs advocacy and lobbying

Also it makes sense for some lawyers to oppose Hr 3012 or Hr 213.Those bills will get benefits to Indians at the cost of rest of world. You can argue for and against but end result is costing one group and benefiting other group in potential immigrants. So some or many lawyers have the opinion that remove country quota with adding more green cards by recapture and or dependent exemption. If you are in rest of the world I am sure you will also oppose.

I cannot comment accusing lawyers for trying to block fixes by backdoor way as no one provided evidence or proof. One case accuse whatever. That will be always suspicion which may or may not be true.
Your logic seems to be like why cannot we try to go to moon when we cannot travel within the country. If there is nothing wrong in that logic, then there is nothing wrong in trying for recapture and dependent exemption without trying for i140ead. With regards to second point, this is not dividing the tasks where one person does one task and the other some other task. If that was the case, there would be only one group asking for one thing and the other asking for the other thing
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  #118 (permalink)  
Old 10-28-2015, 02:25 PM
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Quote:
Originally Posted by roshannirmal View Post
As the focus has shifted towards I140-EADAP, the Oct VB reversal has taken a backseat.
Well the litigation takes its own time, I'm wondering if IV still thinks Oct VB reversal is possible?
Read Admin's post couple of pages back
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  #119 (permalink)  
Old 10-28-2015, 03:15 PM
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Quote:
Originally Posted by Ramalingam View Post
Also it makes sense for some lawyers to oppose Hr 3012 or Hr 213.Those bills will get benefits to Indians at the cost of rest of world.
Well, HR312 would provide a level playing field that is fair to everyone who comes through the EB path irrespective of country of origin. This is just and fair.
Anyone who says they support legal immigrants but oppose HR312 is just playing games and as some one said earlier "is a wolf in sheep's clothing".
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  #120 (permalink)  
Old 10-28-2015, 03:26 PM
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Quote:
Originally Posted by gcseeker23 View Post
Well, HR312 would provide a level playing field that is fair to everyone who comes through the EB path irrespective of country of origin. This is just and fair.
Anyone who says they support legal immigrants but oppose HR312 is just playing games and as some one said earlier "is a wolf in sheep's clothing".
10 months and still not before judiciary comitee?
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