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  #16 (permalink)  
Old 01-02-2016, 03:51 PM
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Default Thanks Aman and IV !!!

Quote:
Originally Posted by hil3182 View Post
Aman Kapoor - President, Immigration Voice will talk in-depth about recent developments, next steps and action items as it relates to the recently announced regulations and the ongoing legislative efforts. If you are impacted by the recently announced regulation "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Worker" - also popularly known as the "EAD for I-140 rule" - we think you will find this call highly valuable.


Some notes about this call

- We anticipate a large volume of participants for this call. Please use *either one* of the dial in codes available.

- Please post your questions in this thread BEFORE 9 pm EST on Saturday 1/2. We want to make sure we address all questions & topics.

- We will try our best to answer every question as it relates to the regulation and other legislative efforts, but are not able to provide answers and advise on individual immigration cases. Please refrain from asking about an issue that specifically impacts your case.


(Dial into *either* conference)
Dial-in : (712) 770-4010 Access Code : 400-533

**OR**

Dial in: (641) 715-3580 Access Code: 826-780
It will be always less no matter how much we thank you.

This rule seems derailed completely from what it was looking earlier from the leaked memo and all, we all know who are behind this derailing. IV already told us the "watering down" process behind the scenes.

My concern is: If NOT this rule, then can we expect something better in near future since this administration is ending anyways. So, if our negative comments will stop this rule from happening at all or delaying it, will there be anything better or nothing at all. Since I understand this rule is BS but it still proves official confirmation on "I-140 irrevokability" and H1B grace period. Which is peanuts but again "something is better than nothing" .. so, I want to know how powerful will be the power of comments to change it in our favor more?

Also, on the other hand, the same groups of lawyers and employers who have watered down this, will still comment on it to make it happen in the same or even less effective way, won't they?

Last but not the least, there is NO EAD at all. An EAD only for people with "compelling reasons" having only 1 year validity and that too with NO renewals, if PD/FA is not gonna be current (which we are never sure how visa bulletin will fluctuate or retrogress), literally means = NO EAD AT ALL.

Can we do something to change that clause???
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  #17 (permalink)  
Old 01-03-2016, 11:56 AM
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Default

Quote:
Originally Posted by palciparum View Post
There are lot of negative comments being posted in opposition to whats being offered however disappointing it looks.

If we don't post comments supporting what's being offered and asking for more and being very specific, I fear we will lose even what's on the table.

People should read the comments that are being posted which are either opposing the rule or not helpful at all.

After IV call, we need to get our brethren and community together to post specific comments.
Can you please provide link to read the current comments ?
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  #18 (permalink)  
Old 01-03-2016, 02:13 PM
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Thumbs down Time for a letter of boycott

Quote:
Originally Posted by hil3182 View Post
This rule is garbage.

To believe anything else is to be dishonest to ones self. It falls far short of what we believed was promised to us when we started the process.

We will be discussing this issue in-depth on the call.
Hil,

I think it is now quite evident that the AILA lobby as well as the H1B body shops like Infosys had a hand in influencing this rule. Immigration Voice needs to take a stand. If we don't get what we want, I suggest that IV send out a press release containing a "letter of boycott" to:
1) all employers that have laid off American workers in order to get cheap H1B labor [e.g. Disney]
2) A list of lawyers that have advocated to water down the I 140 EAD AP provisions
3) All Indian consulting companies that pay less than market wage [please note and market wage is not the same as prevailing wage]

This letter should also instruct all readers that:
1) IV members have been instructed to boycott the above businesses
2) elite colleges in India have been sent a letter informing them of this racist immigration system with presentations to follow, and urging students to study in any other country except the US
3) IV is coordinating with pro-immigration politicians in other G8 countries who are more receptive to high-skilled immigrants to start an awareness program to encourage current H1B immigrants in limbo to migrate to their countries instead
4) IV is sending this letter to major US colleges as well as major US College associations

The only language these people understand is the law of money. Let us hit them in the pocketbook, where it hurts.
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  #19 (permalink)  
Old 01-03-2016, 08:59 PM
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Default question on H1 extension after 140 approval

I have a specific question, if someone could answer will be great help. I asked this question in wrong thread. sorry about asking this question twice.

I have 140 approved almost 4 years ago with employer A. Then I moved to employer B and employer A revoked 140. My current employer is in process of PERM. My question is with proposed memo, will I able to get extension even my 140 is not approved with current employer and even previous 140 is revoked?
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  #20 (permalink)  
Old 01-03-2016, 10:33 PM
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Default

Quote:
Originally Posted by Jambo View Post
Hil,

I think it is now quite evident that the AILA lobby as well as the H1B body shops like Infosys had a hand in influencing this rule. Immigration Voice needs to take a stand. If we don't get what we want, I suggest that IV send out a press release containing a "letter of boycott" to:
1) all employers that have laid off American workers in order to get cheap H1B labor [e.g. Disney]
2) A list of lawyers that have advocated to water down the I 140 EAD AP provisions
3) All Indian consulting companies that pay less than market wage [please note and market wage is not the same as prevailing wage]

This letter should also instruct all readers that:
1) IV members have been instructed to boycott the above businesses
2) elite colleges in India have been sent a letter informing them of this racist immigration system with presentations to follow, and urging students to study in any other country except the US
3) IV is coordinating with pro-immigration politicians in other G8 countries who are more receptive to high-skilled immigrants to start an awareness program to encourage current H1B immigrants in limbo to migrate to their countries instead
4) IV is sending this letter to major US colleges as well as major US College associations

The only language these people understand is the law of money. Let us hit them in the pocketbook, where it hurts.
All fair points but if IV ended up working on every single idea that every one had then I suspect nothing would ever get done. Coalitions and Grassroot movements work when they have a laser like agenda (which IV does) and they have a few things that they work on to very good at.

We should just coalesce around the general theme Aman laid out.

1. Donate as much as you can (preferably a recurring donation)
2. Comment on regulations.gov for the rule (use the IV template). Comment often - there is no limit.
3. Approach and work with the district and local lawmakers and staffers for both the House and Senate
4. Attend advocacy days in person

PS: I have done everything other than #4 above and I hope to get on with that this year too.

Good luck to all of us.
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  #21 (permalink)  
Old 01-04-2016, 02:33 AM
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Have the call been recorded ? If so, Can I get a link to the recording ?
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  #22 (permalink)  
Old 01-04-2016, 10:29 AM
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Default

Quote:
Originally Posted by abhi_2753 View Post
I have a specific question, if someone could answer will be great help. I asked this question in wrong thread. sorry about asking this question twice.

I have 140 approved almost 4 years ago with employer A. Then I moved to employer B and employer A revoked 140. My current employer is in process of PERM. My question is with proposed memo, will I able to get extension even my 140 is not approved with current employer and even previous 140 is revoked?
Can Somebody please help me with this question. Appreciate your help.
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  #23 (permalink)  
Old 01-04-2016, 10:41 AM
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Default

Quote:
Originally Posted by abhi_2753 View Post
I have a specific question, if someone could answer will be great help. I asked this question in wrong thread. sorry about asking this question twice.

I have 140 approved almost 4 years ago with employer A. Then I moved to employer B and employer A revoked 140. My current employer is in process of PERM. My question is with proposed memo, will I able to get extension even my 140 is not approved with current employer and even previous 140 is revoked?
If your I-140 from Employer A is already revoked, you will not be able to use that today or when the new rule goes in effect for new H-1 extension. I mean the new rule does not intend to create a new Zombie I-140 category where died I-140 (killed by employer) will come back to life for "lifetime" wage depressing H1 extensions.


That revoked I-140 is, however, good for retaining the priority date (which your employer B should request on their I-140) and this "PD porting" is allowed NOW under the current law only.
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  #24 (permalink)  
Old 01-05-2016, 11:12 AM
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Default H1 Extension question after 140 approved and revoked

Quote:
Originally Posted by DMX17 View Post
If your I-140 from Employer A is already revoked, you will not be able to use that today or when the new rule goes in effect for new H-1 extension. I mean the new rule does not intend to create a new Zombie I-140 category where died I-140 (killed by employer) will come back to life for "lifetime" wage depressing H1 extensions.


That revoked I-140 is, however, good for retaining the priority date (which your employer B should request on their I-140) and this "PD porting" is allowed NOW under the current law only.
Thanks DMX17
While I was waiting for your answer, I also asked same question to Murthy law firm. I know that the if it comes to policy I shouldn't listen to Lawyers but as this is specific question I asked them and here is what I got response. I am bit confused.

Question-
I have a specific question, if someone could answer will be great help.
I have 140 approved almost 4 years ago with employer A. Then I moved to employer B and employer A revoked 140. My current employer is in process of PERM.

1) My question is with proposed memo, will I able to get extension even my 140 is not approved with current employer and even previous 140 is revoked?
2) How would I know if my employer A revoked 140 or not?

Response below-
1. The proposed changes suggest an individual can obtain H1B extensions even when an I-140 is withdrawn by an employer if that I-140 has been approved for at least 180 days prior to withdrawal.
2. You can check the online status at Homepage | USCIS. However please be aware USCIS does not always update the case status punctually or accurately 100% of the time.
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