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  #1 (permalink)  
Old 12-16-2015, 02:33 AM
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Default EAD for I-140 Discussion

Folks,
Starting this thread EXCLUSIVELY for discussions regarding EAD for I-140..starting with...does anyone know when the regulation will be published so we can read it? Or what the current status is? Thank you!
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  #2 (permalink)  
Old 12-17-2015, 04:44 PM
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Default Stop spamming USCIS and asking stupid questions in the calls

The rule will come whenever it has to but folks need to stop spamming the USCIS meetings. I attended the call on same or similar job. People were asking questions in a broken English and could not complete a sentence without stammering. They ask irrelevant questions.
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  #3 (permalink)  
Old 12-17-2015, 05:04 PM
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Quote:
Originally Posted by sidhupande View Post
The rule will come whenever it has to but folks need to stop spamming the USCIS meetings. I attended the call on same or similar job. People were asking questions in a broken English and could not complete a sentence without stammering. They ask irrelevant questions.
That is sad. I have sat through a couple of these calls and wondered myself why people cannot take 30 seconds before asking questions, to compose or even write down their questions and proof read them before asking.

sidhupande, is there a summary of the call you attended anywhere online and could you please share?
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  #4 (permalink)  
Old 12-17-2015, 05:42 PM
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Default

looks like this is applicable for people with I140 approved and 485 pending .. how this will hlep all the other people.
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Old 12-17-2015, 06:59 PM
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Originally Posted by prince_nagi@yahoo.com View Post
looks like this is applicable for people with I140 approved and 485 pending .. how this will hlep all the other people.
Self centered stupidity and ignorance of people is deafening.

Why is it so difficult to understand that "Same or Similar Occupation Classification" memo is for those who have applied for I-485. The call was for memo ONLY.

As Admin said earlier, the regulation to allow us to file EAD after I-140 is called AC21 Regulation. AC21 Regulation is not yet published but it is expected to be out very soon.

It was very irritating to see so many participants ask the same question that why "same or similar" memo doesn't apply to those with approved I-140. It was not a mature conversation when people refuse to read or make themselves aware about the topic of the call before asking their questions. Such irresponsible behavior result in denial of a chance for others with legitimate question related to the subject. I had a question related to the memo but I did not get a chance to ask my question because most participants were talking about whether this memo applies to those who have not yet filed for I-485. What a waste of time.
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Old 12-17-2015, 08:18 PM
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Default

Totally agree in terms of people being dense regarding the purpose of the call and the items being discussed.

Aman brought up a great point regarding the career progression; however, the answer given was scary. Although they did agree that a person/applicant could go up to a higher level when it is a case of managing people with the same job roles that the applicant had in their PERM petition -- to Aman's question about the progression going up to a CEO level -- the answer was that they would consider only a case wherein the next job directly manages/supervises people in the same job classification as the PERM. My interpretation is that in this situation; only a one-level promotion would be considered valid; which might be okay for people whose entire GC journey is a matter of a couple of years -- but, would definitely kill the aspirations & capabilities of people whose GC saga goes on for multiple years as is the case for EB-I applicants.

On another note, there was a mention that applicants could proactively apply to USCIS regarding their new job offer kinda proving the same/similar aspect. It was just a mention and the person who said this (one of the panelists) did not elaborate. Not sure if that would be the on-going expectation.
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  #7 (permalink)  
Old 12-23-2015, 12:29 PM
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http://www.reginfo.gov/public/do/eAg...&RIN=1615-AC05

http://www.reginfo.gov/public/Forwar...eld=+1615-AC05

The Oh Law Firm

Looks like the review is complete..looking forward to being able to comment on this rule. Finally some action on this front!!
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  #8 (permalink)  
Old 12-23-2015, 01:03 PM
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check my post here....

RIN: 1615-AC05 AKA I-140 EAD/Portability Proposed Rule - Immigration Voice (RIN: 1615-AC05 AKA I-140 EAD/Portability Proposed Rule)
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Old 12-23-2015, 01:10 PM
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Is their work going on AC 21 EAD form ? If it is , Good news

http://www.reginfo.gov/public/do/PRA...01511-1615-011
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  #10 (permalink)  
Old 12-23-2015, 01:52 PM
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Quote:
Originally Posted by Eadfor I140 View Post
Is their work going on AC 21 EAD form ? If it is , Good news

http://www.reginfo.gov/public/do/PRA...01511-1615-011
Not so much of a good news I guess.

http://www.reginfo.gov/public/do/PRA...01511-1615-011
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Old 12-23-2015, 02:23 PM
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Quote:
Originally Posted by thankstooptx View Post
Not so much of a good news I guess.

http://www.reginfo.gov/public/do/PRA...01511-1615-011
Not sure I understand. Can you please explain what you mean? I followed the link also but didn't know why you think this is not good news?
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  #12 (permalink)  
Old 12-23-2015, 03:24 PM
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Quote:
Originally Posted by HumHongeKaamyaab View Post
Not sure I understand. Can you please explain what you mean? I followed the link also but didn't know why you think this is not good news?
From the " Instructions TOC " in the document is states that only people who have approved I-140's and facing compelling circumstances can apply for an EAD. I do understand that this may not be the final rule that gets published but it is awfully close to what
Administrator2 had mentioned about Lawyers "watering" down the EAD+AP for I140 rule. It appears this "compelling circumstances" is upon the sole discretion of the USCIS and if the application is denied you cannot appeal.

Having said that these forms may not be the one that gets submitted to federal register for comments. So there is a chance that I am overreacting. God, I hope this is not the final draft.
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  #13 (permalink)  
Old 12-23-2015, 06:20 PM
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Default

Quote:
Originally Posted by thankstooptx View Post
From the " Instructions TOC " in the document is states that only people who have approved I-140's and facing compelling circumstances can apply for an EAD. I do understand that this may not be the final rule that gets published but it is awfully close to what
Administrator2 had mentioned about Lawyers "watering" down the EAD+AP for I140 rule. It appears this "compelling circumstances" is upon the sole discretion of the USCIS and if the application is denied you cannot appeal.

Having said that these forms may not be the one that gets submitted to federal register for comments. So there is a chance that I am overreacting. God, I hope this is not the final draft.
Looks like you were right...they won. The commoners lose again.
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  #14 (permalink)  
Old 12-23-2015, 06:46 PM
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Quote:
Originally Posted by thankstooptx View Post
From the " Instructions TOC " in the document is states that only people who have approved I-140's and facing compelling circumstances can apply for an EAD. I do understand that this may not be the final rule that gets published but it is awfully close to what
Administrator2 had mentioned about Lawyers "watering" down the EAD+AP for I140 rule. It appears this "compelling circumstances" is upon the sole discretion of the USCIS and if the application is denied you cannot appeal.

Having said that these forms may not be the one that gets submitted to federal register for comments. So there is a chance that I am overreacting. God, I hope this is not the final draft.
Well another caveat is that, even if you get the EAD, the renewal will not be provided if your PD is not within a year of cut-off date in the VB. So obviously, people will keep on being on H1. pathetic.
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  #15 (permalink)  
Old 12-23-2015, 06:52 PM
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Quote:
Originally Posted by Toadie View Post
Well another caveat is that, even if you get the EAD, the renewal will not be provided if your PD is not within a year of cut-off date in the VB. So obviously, people will keep on being on H1. pathetic.
Agree - this is worse than pathetic. I guess all we can do is comment the crap out of this rule when it is finally published and available for public comment. We need to tell them that this is not correct.
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