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  #1 (permalink)  
Old 12-23-2015, 11:18 AM
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Thumbs up RIN: 1615-AC05 AKA I-140 EAD/Portability Proposed Rule

OMB Approved RIN: 1615-AC05 AKA I-140 EAD/Portability Proposed Rule. The proposed rule will soon be published in the Federal Register for comments.

Sources:

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

The Oh Law Firm
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  #2 (permalink)  
Old 12-23-2015, 12:01 PM
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So on there is some link to a document with scary references to "compelling circumstances" and that would be totally fucked up. Consistent with earlier fears we have about watering down that were discussed on IV. Can Admin2 or someone please comment on this crap?

https://www.google.com/url?sa=t&rct=...uEauvwXMF_rROg
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  #3 (permalink)  
Old 12-23-2015, 12:08 PM
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Default Form I-765 SS AC21

http://www.reginfo.gov/public/do/PRA...01511-1615-011
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  #4 (permalink)  
Old 12-23-2015, 12:08 PM
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Admin,

Could you please comment on below to get some clarification on this rule. I believe that only few people will get benefit from this rule, if the document is true. And also there is no reason to jubilate with this rule.
My other thought is, if I am right, USCIS is a self funded organization, why would they suicide with by giving EAD to all I140 candidates? They are getting benefited from H1B/L1 candidates along with Desi consulting and immigration lawyers. DAPA/DACA means more income for both the parties.


https://www.google.com/url?sa=t&rct=j&q=&esrc=s&...
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  #5 (permalink)  
Old 12-23-2015, 12:10 PM
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Quote:
Originally Posted by DMX17 View Post
So on there is some link to a document with scary references to "compelling circumstances" and that would be totally fucked up. Consistent with earlier fears we have about watering down that were discussed on IV. Can Admin2 or someone please comment on this crap?

https://www.google.com/url?sa=t&rct=...uEauvwXMF_rROg
WTF!!

". The rule proposes to allow such beneficiaries, and their spouses and children, to apply for employment authorization for a limited period if there are compelling circumstances that, in the discretionary determination of DHS, justify the consideration of such employment authorization. "

This is absolute BS.
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  #6 (permalink)  
Old 12-23-2015, 12:10 PM
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Default 140

https://www.google.com/url?sa=t&rct=...uEauvwXMF_rROg
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  #7 (permalink)  
Old 12-23-2015, 12:15 PM
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Here is the source of the document.

http://www.reginfo.gov/public/do/PRA...01511-1615-011
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  #8 (permalink)  
Old 12-23-2015, 12:23 PM
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H. Beneficiary of an approved employment-based immigrant petition facing compelling circumstances--(c)(35). File Form I-765 along with documentation that you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status, that an Immigrant Petition for Alien Worker (Form I-140) was approved on your behalf, and you face compelling circumstances while you wait for your immigrant visa to become available. Please see the USCIS Web site at Application for Employment Authorization | USCIS for the most current information on where to file this benefit request. If you are requesting renewal of employment authorization under (c)(35), to qualify, the difference between your priority date and the date upon which immigrant visas are authorized for issuance for the principal alien’s preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin.
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  #9 (permalink)  
Old 12-23-2015, 01:51 PM
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Quote:
Originally Posted by DMX17 View Post
So on there is some link to a document with scary references to "compelling circumstances" and that would be totally fucked up. Consistent with earlier fears we have about watering down that were discussed on IV. Can Admin2 or someone please comment on this crap?

https://www.google.com/url?sa=t&rct=...uEauvwXMF_rROg
Wow ... lawyers and *** won it seems ...damned ...

Not having to restart GC upon office closure or employer change - not sure if even this is watered down now
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  #10 (permalink)  
Old 12-23-2015, 02:29 PM
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Also ... "In order to qualify for a renewal of employment authorization, the difference between such beneficiariesí priority date and the date upon which the immigrant visas are authorized for issuance for the principal alienís preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin."

This is like yet another visa bulletin modernization ... totally USELESS ...

Admin, can you please give some insights?
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  #11 (permalink)  
Old 12-23-2015, 02:37 PM
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Quote:
Originally Posted by 2008candid View Post
Admin,

Could you please comment on below to get some clarification on this rule. I believe that only few people will get benefit from this rule, if the document is true. And also there is no reason to jubilate with this rule.
My other thought is, if I am right, USCIS is a self funded organization, why would they suicide with by giving EAD to all I140 candidates? They are getting benefited from H1B/L1 candidates along with Desi consulting and immigration lawyers. DAPA/DACA means more income for both the parties.


https://www.google.com/url?sa=t&rct=j&q=&esrc=s&...
the link must be from federal register not from reg info. this cant be trusted as a final rule
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  #12 (permalink)  
Old 12-23-2015, 02:40 PM
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Quote:
Originally Posted by thankstooptx View Post
WTF!!

". The rule proposes to allow such beneficiaries, and their spouses and children, to apply for employment authorization for a limited period if there are compelling circumstances that, in the discretionary determination of DHS, justify the consideration of such employment authorization. "

This is absolute BS.

this cant be considered as the rule in works...get it from federal register when they publish it.
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  #13 (permalink)  
Old 12-23-2015, 02:40 PM
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As devndev mentioned in the USCIS Internal Memo thread, below might be the case.

"All the "Date uploaded" points to 11/25 - so this might be the version that IV was already aware of and Aman questioned the administration about. I don't think there is a way to know for sure until it gets published for comments. "
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  #14 (permalink)  
Old 12-23-2015, 02:51 PM
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I think this link can be trusted.

http://www.reginfo.gov/public/do/PRA...01511-1615-011

Check the checkbox that says "All" and you will see below that it is related to AC05 rule (which we all have been waiting for).

Hope I am wrong but looks like we are fucked assuming "compelling circumstances" will not be liberally defined. I cannot find much on what will constitute "compelling circumstances".

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Old 12-23-2015, 03:03 PM
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Quote:
Originally Posted by DMX17 View Post
I think this link can be trusted.

http://www.reginfo.gov/public/do/PRA...01511-1615-011

Check the checkbox that says "All" and you will see below that it is related to AC05 rule (which we all have been waiting for).

Hope I am wrong but looks like we are fucked assuming "compelling circumstances" will not be liberally defined. I cannot find much on what will constitute "compelling circumstances".

Your link doesnt work
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