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  #1 (permalink)  
Old 11-15-2015, 07:24 PM
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Default Post 11/15 Call Discussion

Our thanks to the 1000+ folks that dialed in for this call. Our goal was to get through every question possible, but we may not have been able to.

If there are any questions that we can answer, please post them in this thread.

We would also welcome any feedback or inputs about this call.
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Old 11-15-2015, 07:34 PM
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Default Court case @ H4 EAD

Thank you for the call. Some of the answers were literally eye-openers. I am in the Seattle area and did take notes to get in touch with Chitti. Thank you for organizing this.

I requested to ask a question in the Q and A section of the call but we didn't get to this question in time:

I have been trying to figure out the fate of the lawsuit against H4 EAD. Not finding anything credible about the lawsuit's current state online. Do you guys know or have pointers? Is a decision possible prior to Oct 2016?

Thanks again.
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Old 11-15-2015, 09:14 PM
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Default Question on HR-213

I really appreciate the great work IV has been doing and getting positive support from all around! It'll help all of us sooner or later in a very satisfactory way for sure .

I wanted to ask one question. I don't want to sound pessimistic here, but what if HR 213 doesn't get on floor for voting on time? Next year congress is going to be tough due to elections. What will be the fate of it, if that is the case?

- B
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Old 11-15-2015, 09:19 PM
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Default RuleMaking vs. Guidance

Thanks for the engaging call today and for everything that the IV Volunteers are doing. Really thankful that Aman spared over 3+ hours to patiently address all questions and Vikram for moderating the conversation really really well.

As a part of AC21 reforms, I am tracking 3 separate things:
1. I-140 EAD / AP : This is the rule that we expect to be out soon
2. I-140 Ownership Guidance (Who owns it?)
3. Same or Similar Guidance

I realize that #1 is supposed to be issued via formal rule-making and that will take its due course. However, are #2 and #3 also supposed to go through the rule-making process or are they just Guidances \ Clarifications that USCIS will issue separately from #1?

Any info on that would be great. Just trying to keep these things straight.
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Old 11-15-2015, 09:33 PM
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Default

Thanks IV for all your updates and hardwork ..I could not get to ask on the call on the timeline of the AC21 rule ( Same or Similar..) implementation

Question 1 ) When do you think the AC21 rule will go into effect ( assuming a 60 day comment period and some rule refinement period) . Do you think we will need to await almost 1 year ( similar to I140+EAD goes effect) or do you think it will be much earlier the rule will go into effect ?

Question 2) If the AC21 rule comes earlier , do you think we still need to wait for I140+EAD before the chains are taken off ?

Thanks again
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Old 11-15-2015, 09:46 PM
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Thanks IV for organizing the call. I guess we have questions already posted in FB for call q&a. Can you please start with them? I'm particularly interested to know IV strategy if I140-EAD effective date is delayed post rule making process.
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Old 11-15-2015, 11:50 PM
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Thankyou IV for the conference call. Attended the entire session however was not picked up for question. So here are the 5 questions i have.

1)Does HR213 bill needs to be reintroduced again in house in Jan 2016 as it will reach one year since the introduction of the bill if it not passed? or it is valid until 114th congress end date of Jan 2017?

2)Aman mentioned that one does not need to maintain H1B after EAD for I140. So this I140 EAD is a restrictive EAD ? like where you cannot work other than Same or similar job mentioned in I140 petition or cannot startup companies ?

3)Once we start working with I140 EAD , what happens if uscis does not process EAD application on time , what status we will land back?

4) Is it possible to port from I140 EAD EB3 to I140EAD EB2 once we start working with EAD?

5) In EA, it was mentioned there will be perm modernization regulation, any idea if that will get implemented?

thankyou
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  #8 (permalink)  
Old 11-16-2015, 08:02 AM
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Default Thank you IV Team

Aman - Thank you for giving us your family time on a weekend. Each time I listen to you its an inspiration. The passion you have for this cause is un-parallel.

Vikram - Great work moderating the call. Kudos to you for running such a tight ship.

Looking forward to the letter signature campaign in Ohio.
Question: Do we have any active volunteers in Ohio that I can coordinate with. I am in Cleveland metro area and in regular touch with offices of Rep. Fudge(OH-11) Rep. Joyce(OH-14), Sen. Brown and Sen.Portman.

-Sundeep
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  #9 (permalink)  
Old 11-16-2015, 10:08 AM
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Is there a template for Letter Campaign ? I know Aman mentioned it on the Call. Can someone please share this ? We have been talking to our local congresswoman. This will help us.
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  #10 (permalink)  
Old 11-16-2015, 10:17 AM
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Default Another bill ?

This may be unrelated to our cause....but since i just heard about this, pasting some info...

Does this new bill S.2266 affect legal immigration in any way?

https://www.congress.gov/bill/114th-...nate-bill/2266
(I am not able to find the text of this bill)

https://www.numbersusa.com/news/sens...-1b-visa-abuse

Sens. Grassley, Durbin launch new H-1B fight | Computerworld
__________________
- Greened Oct 2012 (after EB3 to EB2 upgrade with PD retention)
- My comments/emails/phone calls are not to be considered LEGAL ADVISE
- I am merely trying to help based on my knowledge
- Assume that I may be OR am wrong.
- PM me your contact details like phone/email, if you want me to call or email you directly.
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  #11 (permalink)  
Old 11-16-2015, 10:23 AM
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Default

Quote:
Originally Posted by RandomizedPrecision View Post
Thanks for the engaging call today and for everything that the IV Volunteers are doing. Really thankful that Aman spared over 3+ hours to patiently address all questions and Vikram for moderating the conversation really really well.

As a part of AC21 reforms, I am tracking 3 separate things:
1. I-140 EAD / AP : This is the rule that we expect to be out soon
2. I-140 Ownership Guidance (Who owns it?)
3. Same or Similar Guidance

I realize that #1 is supposed to be issued via formal rule-making and that will take its due course. However, are #2 and #3 also supposed to go through the rule-making process or are they just Guidances \ Clarifications that USCIS will issue separately from #1?

Any info on that would be great. Just trying to keep these things straight.
#3 is supposed to a Memo and this memo was sent to OMB more than month ago. This is the same/similar fix.

#1 and #2 are related and should be done via the rule making that we are expecting soon. In fact, my understanding is that #2 (I-140 ownership or "remaining valid even after employer revokes") should be done first under the so-called AC21 regulation. I-140 EAD/AP rule making should just then allow I-140 employees to apply for EAD/AP based on that "remaining valid" I-140.

Keep in mind that there two rules in the agenda. 1615-AC05 and 1615-AB97

In summary, 1615-AB97 (AC21 reg) should define the I-140 (I140EAD reg) ownership issue, while 1615-AC05 should give EAD/AP. And the effect is freedom!

My understanding and no inside info.
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  #12 (permalink)  
Old 11-16-2015, 12:47 PM
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hil3182 has much to be proud of hil3182 has much to be proud of hil3182 has much to be proud of hil3182 has much to be proud of hil3182 has much to be proud of hil3182 has much to be proud of hil3182 has much to be proud of hil3182 has much to be proud of hil3182 has much to be proud of
Default

Busy day today, I will try to answer best I can.


Quote:
Originally Posted by Bazinga View Post
I have been trying to figure out the fate of the lawsuit against H4 EAD. Not finding anything credible about the lawsuit's current state online. Do you guys know or have pointers? Is a decision possible prior to Oct 2016?
Lawsuit isn't going anywhere. Admin acted with the law.

Quote:
Originally Posted by bims_patel View Post
I wanted to ask one question. I don't want to sound pessimistic here, but what if HR 213 doesn't get on floor for voting on time? Next year congress is going to be tough due to elections. What will be the fate of it, if that is the case?
We try again. Companies have been pushing SKILLS for almost a decade now, Grassley & Durbin have been pushing H1-B reform on the otherside of the debate for almost the same amount of time. If the (next) 115th Congress tries to do CIR, we will shift our lobbying efforts to making sure that CIR contains provisions favorable to backlogged in particular and H1-B generally.

The good news is there are 4 high-skilled immigration bills introduced or expected to be introduced in the 114th Congress - HR.213 is the one with the most support and most likely to move:
  1. Durbin-Grassley: Companies Oppose
  2. SKILLS: Protectionists & IV Opposes
  3. I^2'd act: Protectionists Opposes
  4. HR.213: Companies, Protectionists & IV do not oppose.

People need to realize that this isn't some IT project with a fixed budget and deadlines. This is a wierd type of marathon that can continue for years, but at the same time, we could win at any time. 90% of the battle is preparation - i.e. educating lawmakers of the problem and the solution - HR.213. Once there is a critical mass, things will start moving really quickly - but we need to get to a critical mass.

Quote:
Originally Posted by RandomizedPrecision View Post
Thanks for the engaging call today and for everything that the IV Volunteers are doing. Really thankful that Aman spared over 3+ hours to patiently address all questions and Vikram for moderating the conversation really really well.

As a part of AC21 reforms, I am tracking 3 separate things:
1. I-140 EAD / AP : This is the rule that we expect to be out soon
2. I-140 Ownership Guidance (Who owns it?)
3. Same or Similar Guidance

I realize that #1 is supposed to be issued via formal rule-making and that will take its due course. However, are #2 and #3 also supposed to go through the rule-making process or are they just Guidances \ Clarifications that USCIS will issue separately from #1?

Any info on that would be great. Just trying to keep these things straight.
DMX's answer above is apropos

Quote:
Originally Posted by Dinsey23 View Post
Thanks IV for all your updates and hardwork ..I could not get to ask on the call on the timeline of the AC21 rule ( Same or Similar..) implementation

Question 1 ) When do you think the AC21 rule will go into effect ( assuming a 60 day comment period and some rule refinement period) . Do you think we will need to await almost 1 year ( similar to I140+EAD goes effect) or do you think it will be much earlier the rule will go into effect ?

Question 2) If the AC21 rule comes earlier , do you think we still need to wait for I140+EAD before the chains are taken off ?

Thanks again
Mentally, I have prepared myself for the reality that relief will not come for around 12 months - barring any surprises from the Admin. Meanwhile, I am focusing my efforts on HR.213 which can get done sooner, consequently I am not really following the timeline stuff, maybe someone else has a better idea.

Quote:
Originally Posted by bob4gc View Post
Thanks IV for organizing the call. I guess we have questions already posted in FB for call q&a. Can you please start with them? I'm particularly interested to know IV strategy if I140-EAD effective date is delayed post rule making process.
We will get to contingency planning, when there is a contingency or a real danger of a contingency. I guarantee you that congressional pressure will be a huge part of anything we do. That is one reason the Lofgren VB letter specifically mentioned job portability issues.

The way you can help is by visiting your Congressman's office and pushing for HR.213 sponsorship while educating them on our issues. The relationship that you will establish during the process will be very useful both for your personal Immigration situation and your lobbying activities (including I140-EAD).

We will obviously be doing other things, but the above is how you can contribute.

Quote:
Originally Posted by VinayJ View Post
Thankyou IV for the conference call. Attended the entire session however was not picked up for question. So here are the 5 questions i have.

1)Does HR213 bill needs to be reintroduced again in house in Jan 2016 as it will reach one year since the introduction of the bill if it not passed? or it is valid until 114th congress end date of Jan 2017?

2)Aman mentioned that one does not need to maintain H1B after EAD for I140. So this I140 EAD is a restrictive EAD ? like where you cannot work other than Same or similar job mentioned in I140 petition or cannot startup companies ?

3)Once we start working with I140 EAD , what happens if uscis does not process EAD application on time , what status we will land back?

4) Is it possible to port from I140 EAD EB3 to I140EAD EB2 once we start working with EAD?

5) In EA, it was mentioned there will be perm modernization regulation, any idea if that will get implemented?

thankyou
#1. No. It will need to be introduced in the 115th Congress in 2017.
#2-#5. Wait for the rule. We know that it will be an EAD that will allow you to work at a minimum "same-or-similar" jobs. DHS has the authority to make it un-restricted and we have made that point. Whether they will actually use that authority remains to be seen. Rest of your questions are in the weeds and we will have to look at the consequences of the rules as a whole when they are published.

Quote:
Originally Posted by gopal008 View Post
Is there a template for Letter Campaign ? I know Aman mentioned it on the Call. Can someone please share this ? We have been talking to our local congresswoman. This will help us.
Please stay tuned.

Quote:
Originally Posted by sixburgh View Post
This may be unrelated to our cause....but since i just heard about this, pasting some info...

Does this new bill S.2266 affect legal immigration in any way?

https://www.congress.gov/bill/114th-...nate-bill/2266
(I am not able to find the text of this bill)

https://www.numbersusa.com/news/sens...-1b-visa-abuse

Sens. Grassley, Durbin launch new H-1B fight | Computerworld
By virtue of being introduced Durbin Grassley bill is now a part of the high-skilled immigration conversation. It is now more likely you will see a HR.3012 type situation where the Senate will work on a per-country bill with some Durbin-Grassley provisions in there. We will have to see how the conversation evolves.
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Last edited by hil3182; 11-17-2015 at 10:07 AM.
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  #13 (permalink)  
Old 11-16-2015, 01:22 PM
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Quote:
Originally Posted by VinayJ View Post

3)Once we start working with I140 EAD , what happens if uscis does not process EAD application on time , what status we will land back?

4) Is it possible to port from I140 EAD EB3 to I140EAD EB2 once we start working with EAD?

5) In EA, it was mentioned there will be perm modernization regulation, any idea if that will get implemented?

thankyou
All answers are my best guess in the absence of the actual rule:

#3 We just have to manage this renewal issue. First, this issue is no different than any other EAD renewal (e.g. 485 pending EAD). Second, you can apply for EAD renewal about 120 days before it expires. Generally, while your EAD renewal is pending and old EAD has expired, you are still considered in a period of authorized stay (waiting for action) but cannot work without the new EAD. Like I said, we just have to manage this and do our best so there is no employment gap. As Aman said yesterday, you will be considered in a period of stay (authorized by the attorney general) when you re-enter using AP that you get with this new rule EAD. It would not help much if one has to fall back to H1, right!

#4 The porting ability has no new implications. You can have as many I-140s as you like as long as one of them meets the rule requirement. Yes, port baby port!
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  #14 (permalink)  
Old 11-16-2015, 02:06 PM
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Thanks DMX17 and hil admin. Can you share the template to get physical signature for HR213?
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  #15 (permalink)  
Old 11-16-2015, 11:39 PM
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Thanks hil3182 for answering my question.
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