Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > IV Agenda and Legislative Updates
Click to log in with Facebook
IV Agenda and Legislative Updates Immigration Voice's Agenda and Legislative Updates

Reply
 
LinkBack Thread Tools Display Modes
  #31 (permalink)  
Old 12-23-2015, 04:09 PM
Member
Priority Date
:
Oct-09
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2010
Posts: 83
rbusgc is a glorious beacon of light rbusgc is a glorious beacon of light rbusgc is a glorious beacon of light rbusgc is a glorious beacon of light rbusgc is a glorious beacon of light
Default AND your priority date should be within 1 year of cutoff...

Quote:
Originally Posted by anoosomu View Post
What other compelling reason would all of us have than to get EADs than being frustrated terribly? We need EAD for several reasons- to feel secure, to have choices with employment, to help kids ageing out, to buy a house... the list could go on and on. Are these people going to issue a "master list" of compelling circumstance?
AND your priority date should be within 1 year of cutoff... sucks!
Bookmark and Share Compare Reply With Quote


  #32 (permalink)  
Old 12-23-2015, 04:13 PM
Facebook User
Priority Date
:
Mar-15
Category
:
EB2
I140 Mailed Date
:
12/21/2015
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2015
Posts: 7
tapanhp is on a distinguished road
Exclamation

'compelling circumstances'='same or similar' all over. Phew
Bookmark and Share Compare Reply With Quote


  #33 (permalink)  
Old 12-23-2015, 04:24 PM
Junior Member
Priority Date
:
Jan-15
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Dec 2015
Posts: 10
Shourie is on a distinguished road
Default What a waste of time

Quote:
Originally Posted by nrmarrivada9 View Post
This rule is absolutely useless and reading the document is fucking waste of time. I am dismayed at the audacity of the System for soliciting comments for such a stupid rule. I wonder if it serves anyone at all.

I feel exactly the same. I mean if we are offered such a rude joke in the name of a reformation, this is an insult to the intelligence of the people who are looking forward to getting an EAD after I-140. If the prevarication rings true, then I guess we are so royally fucked that we don't even know what has hit us.
Bookmark and Share Compare Reply With Quote


  #34 (permalink)  
Old 12-23-2015, 04:41 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Nov 2015
Posts: 44
HumHongeKaamyaab is on a distinguished road
Default

Again, the fact that Oh Law Firm published this changes nothing..its what we already know..this form is from last month and was known at that time too...still waiting to read the actual damn rule..why cant they publish it already!
Bookmark and Share Compare Reply With Quote


  #35 (permalink)  
Old 12-23-2015, 04:47 PM
Senior Member
Priority Date
:
Jan-11
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2015
Posts: 628
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
Default

Quote:
Originally Posted by rohan_vus123 View Post
not having to restart GC allover again can be the only consolation -
However I am not too optimistic even for this
You are right we do not know about the regulation part about I-140 still remaining valid even after employers revoke or go out of business. This would mean you can use that I-140 to file I-485 for another employer. Wait for rule to see whether this is included.

Since getting EAD for all of us (without the damn compelling reasons) looks very iffy, I would say realistically we are looking at I-140 remaining valid. This way no need to re-start GC but always have to maintain the H-1/H-4.

As Kevin Cummings told Aman "wait and provide comments once the rule is out", here we are. I would say Deloitte and the like won.
Bookmark and Share Compare Reply With Quote


  #36 (permalink)  
Old 12-23-2015, 04:53 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 22
buffbloke is infamous around these parts buffbloke is infamous around these parts
Default

Quote:
Originally Posted by DMX17 View Post
As Kevin Cummings told Aman "wait and provide comments once the rule is out", here we are. I would say Deloitte and the like won.
Yup, welcome to the future.....it looks exactly like today. we will be in the same job for the same employer and still renewing H1b at the same salary.
Bookmark and Share Compare Reply With Quote


  #37 (permalink)  
Old 12-23-2015, 04:59 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Nov 2015
Posts: 44
HumHongeKaamyaab is on a distinguished road
Default

Quote:
Originally Posted by buffbloke View Post
Yup, welcome to the future.....it looks exactly like today. we will be in the same job for the same employer and still renewing H1b at the same salary.
I'm sad. I thought USA championed Freedom. Our situations are anything but free. I am seriously pissed off enough to consider changing countries..been working for the same employer for over 8 years now waiting and waiting while my friends in Canada and Australia laugh at my face.
Bookmark and Share Compare Reply With Quote


  #38 (permalink)  
Old 12-23-2015, 05:54 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Nov 2015
Posts: 44
HumHongeKaamyaab is on a distinguished road
Default

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.
Bookmark and Share Compare Reply With Quote


  #39 (permalink)  
Old 12-23-2015, 06:24 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Sep 2015
Posts: 80
Toadie is on a distinguished road
Default

Quote:
Originally Posted by HumHongeKaamyaab View Post
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.
OR..send them flowers again. We're being told that "THIS IS HOW IT IS, BITCHES. TAKE IT OR TAKE IT."

Let's GIVE IT !!
Bookmark and Share Compare Reply With Quote


  #40 (permalink)  
Old 12-23-2015, 06:31 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Nov 2015
Posts: 44
HumHongeKaamyaab is on a distinguished road
Default

Quote:
Originally Posted by Toadie View Post
OR..send them flowers again. We're being told that "THIS IS HOW IT IS, BITCHES. TAKE IT OR TAKE IT."

Let's GIVE IT !!
Yeah, enough GANDHIGIRI...time for that has passed...this is a slap across our faces and insults us. Time for gundagardi is upon us now. This is NOT the american dream because it has NOTHING to do with hard work. Have we all been working hard for this crap?!
Bookmark and Share Compare Reply With Quote


  #41 (permalink)  
Old 12-23-2015, 07:00 PM
Member
Priority Date
:
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Feb 2011
Posts: 27
aadohio has a spectacular aura about aadohio has a spectacular aura about
Default another crazy proposal in there ...

This document also states at the top of page 3: "This rule also proposes to remove the requirement for USCIS to issue an interim employment authorization document to applicants whose Form I-765 has been pending at least 90 days since USCIS’ receipt of such form."

Interestingly there was a lawsuit this year about this issue specifically. http://www.americanimmigrationcounci...-Complaint.pdf

Page 3, #6 says "By regulation, USCIS’s failure to timely adjudicate EAD applications “will result in the grant of an employment authorization document for a period not to exceed 240 days.” 8 C.F.R. § 274a.13(d) (entitled “Interim Employment Authorization”) (emphasis added). Yet, USCIS regularly fails to timely adjudicate EAD applications, and never issues interim employment authorization."

The rule mentioned here is (d) here: https://www.law.cornell.edu/cfr/text/8/274a.13
"Interim employment authorization. USCIS will adjudicate the application within 90 days from the date of receipt of the application, except in the case of an initial application for employment authorization under 8 CFR 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and 8 CFR 274a.12(c)(9) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n). Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days. Such authorization will be subject to any conditions noted on the employment authorization document. However, if USCIS adjudicates the application prior to the expiration date of the interim employment authorization and denies the individual's employment authorization application, the interim employment authorization granted under this section will automatically terminate as of the date of the adjudication and denial."

If I read this correctly -- in this document they are proposing to remove this requirement for USCIS that is written in the law. Is this even possible?
Bookmark and Share Compare Reply With Quote


  #42 (permalink)  
Old 12-23-2015, 07:28 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Mar 2015
Posts: 57
Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts Ramalingam is infamous around these parts
Default

Quote:
Originally Posted by aadohio View Post
This document also states at the top of page 3: "This rule also proposes to remove the requirement for USCIS to issue an interim employment authorization document to applicants whose Form I-765 has been pending at least 90 days since USCIS’ receipt of such form."

Interestingly there was a lawsuit this year about this issue specifically. http://www.americanimmigrationcounci...-Complaint.pdf

Page 3, #6 says "By regulation, USCIS’s failure to timely adjudicate EAD applications “will result in the grant of an employment authorization document for a period not to exceed 240 days.” 8 C.F.R. § 274a.13(d) (entitled “Interim Employment Authorization”) (emphasis added). Yet, USCIS regularly fails to timely adjudicate EAD applications, and never issues interim employment authorization."

The rule mentioned here is (d) here: https://www.law.cornell.edu/cfr/text/8/274a.13
"Interim employment authorization. USCIS will adjudicate the application within 90 days from the date of receipt of the application, except in the case of an initial application for employment authorization under 8 CFR 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and 8 CFR 274a.12(c)(9) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n). Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days. Such authorization will be subject to any conditions noted on the employment authorization document. However, if USCIS adjudicates the application prior to the expiration date of the interim employment authorization and denies the individual's employment authorization application, the interim employment authorization granted under this section will automatically terminate as of the date of the adjudication and denial."

If I read this correctly -- in this document they are proposing to remove this requirement for USCIS that is written in the law. Is this even possible?
Clearly the impact of lawsuit. Some one brought lawsuit to give interim EAD. Now they will remove that possibility. If some thing comes against USCIS in Visa Gate then they could address next rule making. It is not easy to fight government
Bookmark and Share Compare Reply With Quote


  #43 (permalink)  
Old 12-23-2015, 07:34 PM
Facebook User
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Nov 2015
Posts: 51
Eadfor I140 is on a distinguished road
Thumbs up I 140 ead

This is time for posting comments for I 140 EAD. Lets make good case for I 140 EAD on permanent basis. The comments for I 140 EAD are posted in IV forum.

Lets not loose this opportunity for EAD.
Bookmark and Share Compare Reply With Quote


  #44 (permalink)  
Old 12-25-2015, 12:26 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2013
Posts: 20
uhsarp is on a distinguished road
Default

Wish there's one celebrity in this country who can go around the talk show circuit, appear on all major news channels and can lay bare the horrible discrimination legal immigrants face in this country.
Most Americans who listen to my story feel disgusted and cannot believe they didn't know this before. I only wish that most citizen knew about this. Americans I've come across are mostly kind and generous.
Why do our own brethren (Desi consultancies), Employers and their lawyers hate us so much?
Bookmark and Share Compare Reply With Quote


  #45 (permalink)  
Old 12-25-2015, 12:28 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2013
Posts: 20
uhsarp is on a distinguished road
Default

I feel like every Indian should leave US at once (Just a thought experiment) for US to see how ingrained and critical we are for her sustenance.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Any update on the proposed h4 work permit rule? aligardezi Immigrant Visa 1 09-10-2012 09:51 AM
I-765 Replacement EAD / I-9 Receipt Rule / 90 Day Unemployment Rule rrarunan Self-filing, documents, forms, directions, mailing. 1 11-18-2010 12:45 PM
USCIS Fee Increase Proposed Rule Clears White House OMB Approval harivenkat Action Items for everyone 3 06-04-2010 02:15 PM
DOS Issues Proposed Rule on Fee Increases for Consular Services Blog Feeds Recent Blogs 0 02-10-2010 09:50 PM
New Proposed Rule would Increase Certain Immigration Fees Blog Feeds Recent Blogs 0 12-18-2009 10:50 AM



All times are GMT -4. The time now is 09:06 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org