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  #286 (permalink)  
Old 01-12-2016, 10:34 PM
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Commented -- 1k0-8ncr-qdff

I strongly oppose this rule. This rule is not in line with what was promised in Executive Action by Obama and gives no relief to legal immigrants. Legal immigrants are paying taxes and they really deserve to come out of this Slavery of having H1B extensions, not able to change jobs, being stuck with same employer for low salaries and hence impacting the American workers since we are low wage target for employers. Please give EAD to approved I140 without any conditions ...Thanks
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  #287 (permalink)  
Old 01-13-2016, 12:12 AM
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Your Comment Tracking Number: 1k0-8n8t-bylg ...

why does my comment is not seen yet? can I track status some where:?

.. I posted on 7 th Jan...
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  #288 (permalink)  
Old 01-13-2016, 12:19 AM
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I came across this in regulations.gov..Keep commenting guys...

Yes. Public participation matters. Democratic, legal, and management principles justify why public comments make a difference in regulatory policy. Public participation is an essential function of good governance. Participation enhances the quality of law and its realization through regulations (e.g. Rules). To learn more about public participation, view the fact sheet "Public Comments Make a Difference".

http://www.regulations.gov/docs/Fact...Difference.pdf
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  #289 (permalink)  
Old 01-13-2016, 09:30 AM
gnh gnh is offline
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Quote:
Originally Posted by DMX17 View Post
There is an interesting discussion in the comments section between the author and a user (I am guessing is also a lawyer) on how I-140 EAD cannot be given under AC21, because AC21 gives "portability" only after 180 days of filing I-485. As such, congress has to do it.

I believe it is magical (or sinister) that the two rules (AC05 and AB97) have been merged as one under AC05 and effectively the original AC05 (older version) has been wiped out. So it was supposed to be a separate regulation and what a way to sabotage it!

On the issue of “IV misleading folks”, this is where lawyers will come in and throw crap using good language. Let me remind them the only “legal” looking document was leaked by Siskind. I now understand why there was a 1 year wait time for I-140 EAD in the leaked memo.
I was reading that too and now am kinda confused if EAD/AP for I-140 needs an act of congress or not . The rules are really confusing .
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  #290 (permalink)  
Old 01-13-2016, 09:52 AM
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DHS has absolute discretionary authority under the law to give EAD + AP. This is why we have EAD in the regulation albeit under compelling circumstances. If DHS did not have the authority to do EAD + AP, then it would not be in the regulation in the first place?

This lawyer is obfuscating the following facts:
  • Thanks to AC-21 DHS must give EAD to people who have filed AoS.
  • DHS has discretionary authority to give EAD+AP for people stuck in backlog with approved I-140 i.e. they can give EAD+AP if they choose to - authority that they planned to use until it was watered down by the Chamber of Commerce lobbyist.


The facts of the matter are simple and as we presented them. I-140 EAD was happening until it got watered down by a Chamber of Commerce lobbyist. If you don't believe me - look at the paper trail created by every document that came out during the process.

See if you can find a recording of the USCIS "listening session" during early last year when Kevin Cummings openly said this is something they are considering and an issue up for debate was the delay between I-140 approval and EAD - they didn't even say that the EAD was up for debate - they said, the delay was being debated!


You are better off ignoring these useless lawyers - including the "template" responses they put up. They are scrambling to not alienate immigrants because if they do, they cannot pretend to be doing God's work.
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  #291 (permalink)  
Old 01-13-2016, 11:14 AM
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I agree with IV on the lobbyist issue. This was clearly pointed out by IV on October 27th on their Facebook long before the proposed rule was published. And the issue happened exactly as per IV predictions. Shame on DHS and USCIS!

Immigration Voice October 27th Update On Facebook :

UPDATE on EAD for I-140 (Job Mobility regulation)
Here is the link to the USCIS Internal Memo from June 2015 about EAD for I140. The work is underway and we expect the rule to come out in public for comments in around 15th November.
https://www.dropbox.com/…/USCIS_Memo...or_I140_June2…

There is also background activity whereby immigration lawyers and companies are working very hard to derail EAD for I140 fix. They are trying all sorts of ways to derail or water down this fix that we have worked for years.
Immigration lawyers and companies want this fix to be only applied to those with 'Extraordinary Circumstances' i.e. where employee can show economic hardship, exploitation by employer etc. They are trying to water down so no more than 600 people in an year would be able to benefit from this fix.
We ask that you NOT engage in any online petitions. Online petitions are distraction and diversion from real effort. Often times these petitions are started by immigration lawyers as diversion from real advocacy. Online petitions severely hurt our efforts. Again, please DO NOT engage in online petitions.
We will soon publish action items and we ask you to actively participate in these actions items.
Thank you
Team IV
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  #292 (permalink)  
Old 01-13-2016, 11:19 AM
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Entire green card process has the requirement that a permanent job should exist until the person gets green card and he expected to take that job. When the job vanishes he loses labor certification. This is to prevent displacement of American jobs.In 2000 Ac21 relaxed this that the similar job can exist in the other company. In H-EAD lawsuit DHS told point blank that DHS has authority to give EAD to anyone. But Judge did not accept that argument. Some from IV was there I think and was looking those arguments. In OPT EAD extension Judge intrepreted based on vague statements by the congress that DHS has Authority to give EAD under conditions. Of course that intrepretation was appealed in circuit court and entire H4-EAD ,OPT EAD extension even I140 EAD will be invalidated if circuit court intrepret differently. Again DHS has Authority to give EAD but with conditions imposed but again other law contradicts that the person loses the status when there is no similar job exist. Though there is a possibility that I140 watered down by a few of them some one might have given consideration of job requirements. Why H4-EAD not much strings attached but I140 they made so much restritive


Quote:
Originally Posted by hil3182 View Post
DHS has absolute discretionary authority under the law to give EAD + AP. This is why we have EAD in the regulation albeit under compelling circumstances. If DHS did not have the authority to do EAD + AP, then it would not be in the regulation in the first place?

This lawyer is obfuscating the following facts:
  • Thanks to AC-21 DHS must give EAD to people who have filed AoS.
  • DHS has discretionary authority to give EAD+AP for people stuck in backlog with approved I-140 i.e. they can give EAD+AP if they choose to - authority that they planned to use until it was watered down by the Chamber of Commerce lobbyist.


The facts of the matter are simple and as we presented them. I-140 EAD was happening until it got watered down by a Chamber of Commerce lobbyist. If you don't believe me - look at the paper trail created by every document that came out during the process.

See if you can find a recording of the USCIS "listening session" during early last year when Kevin Cummings openly said this is something they are considering and an issue up for debate was the delay between I-140 approval and EAD - they didn't even say that the EAD was up for debate - they said, the delay was being debated!


You are better off ignoring these useless lawyers - including the "template" responses they put up. They are scrambling to not alienate immigrants because if they do, they cannot pretend to be doing God's work.
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  #293 (permalink)  
Old 01-13-2016, 11:36 AM
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Quote:
Originally Posted by nutcracker1 View Post
I agree with IV on the lobbyist issue. This was clearly pointed out by IV on October 27th on their Facebook long before the proposed rule was published. And the issue happened exactly as per IV predictions. Shame on DHS and USCIS!

Immigration Voice October 27th Update On Facebook :

UPDATE on EAD for I-140 (Job Mobility regulation)
Here is the link to the USCIS Internal Memo from June 2015 about EAD for I140. The work is underway and we expect the rule to come out in public for comments in around 15th November.
https://www.dropbox.com/…/USCIS_Memo...or_I140_June2…

There is also background activity whereby immigration lawyers and companies are working very hard to derail EAD for I140 fix. They are trying all sorts of ways to derail or water down this fix that we have worked for years.
Immigration lawyers and companies want this fix to be only applied to those with 'Extraordinary Circumstances' i.e. where employee can show economic hardship, exploitation by employer etc. They are trying to water down so no more than 600 people in an year would be able to benefit from this fix.
We ask that you NOT engage in any online petitions. Online petitions are distraction and diversion from real effort. Often times these petitions are started by immigration lawyers as diversion from real advocacy. Online petitions severely hurt our efforts. Again, please DO NOT engage in online petitions.
We will soon publish action items and we ask you to actively participate in these actions items.
Thank you
Team IV

Thanks for sharing this
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  #294 (permalink)  
Old 01-13-2016, 12:36 PM
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Originally Posted by Ramalingam View Post
Entire green card process has the requirement that a permanent job should exist until the person gets green card and he expected to take that job. When the job vanishes he loses labor certification. ............
This is not true, although that is what slimy immigration lawyers will have you believe. You are a human being, you are not a property of some company. You and thus your family should not be treated like a property of another human being.

When EB and H1 system was created, they were (still are) two independent systems. H1 is for getting someone for non-immigrant purpose (but with dual intent, meaning you could change to immigrant visa). EB Green card was for permanent job. Employer could (still can) apply for someone's EB green card even if that person is out of country and is not employed with that company for the entire duration of EB petition process.

Over the years, because of EB backlogs companies can not wait for someone to come here after 3-4 years. So the path the companies follow is, they file for H1/L1, get someone here, and then file for EB GC. But the system allows for EB application to be approved even when the beneficiary is in another country or when employee has never in the past worked for the petition employer or when the employee is not even working for the petitioning employer at the time of approval of the petition.

There is absolutely no law that says that you are required to work for the same employer during the time of EB process. But these fucking immigration lawyers want you to believe that they are doing you a service by protecting you from being able to live a free/change employers.

The current law also doesn't say that 485 has to be applied by the same/original petitioning employer (the one that applied Labor cert and I-140). There is no where in the law that has the requirement for the same employer to file for Labor, I-140 and I-485. But immigration lawyers will make you believe otherwise. That is why we despise these sleazy immigration lawyers.

There is a difference between "being an asset" and "being property". An employee is an asset to the employer. But employee is NOT a property of the employer. That system in which one human being is a property of another human being is called slavery. You can go look up the dictionary definition of slavery. And that system of slavery was abolished by Congress with 13th Amendment to the Constitution in 1865.

But the immigration lawyers will make you believe otherwise. They will make you believe that you are a slave and you and your family, your wife and children is lesser human being, as if they are are animals (and so they should be denied equal opportunities).

If anything, keeping immigrants less equal in the system ensures that immigrants are more attractive to employers over US workers. If immigrants have fewer rights then employer can have more control over immigrant worker. More control (for employer) means getting more work out of immigrant employees and paying immigrant employees lesser that what an American worker would make. So in a system where immigrants have fewer rights, there will be natural tendency of employers to desire more immigrant workers. And that is the the real reason for this pent-up demand for workers on H1B and L1. Obviously, this is what immigration lawyers want because if companies hire more immigrants, then lawyers get fresh meat to make money when filing their immigration paperwork for more new immigrants coming into US. Immigration lawyers don't want a fair system for immigrants or US workers. They just want more immigrants coming into the country because for immigration lawyers more immigrants equates to more fresh meat to make more money. It is that simple to understand.

That is why, we say again and again and again that DO NOT listen to immigration lawyers on policy matters. We all know the extent of exploitation in the industry. Immigration lawyer are well aware of the exploitation too. One would imagine that if immigration lawyers would want a fair system then you would expect them to speak up against the widely known and acknowledged exploitation of EB/H1/l1 immigrants. But have you ever seen any immigration lawyer blog/write/speak up against exploitation of H1/L1/EB immigrants? Has Siskind or other such lawyers who pretend to be saviors of immigrants, have they ever written anything to highlight the exploitation of EB/H1/L1 immigrants? Why not? The reason being, we think that, immigration lawyers don't want to disrupt the supply of fresh meat, otherwise that will disrupt their goal of making more money by filing immigration paper work for more new immigrants. The sooner our people understand this fact, the sooner they will speak up against this tyranny of companies and immigration lawyers. Even after living in the system for sometime and seeing how things function, if you still listen to immigration lawyers then the joke is not on IV, the joke is on you, because you and your families are the once living like a lesser human being (even though you don't realize it yet).

As long as immigrants continue to listen to immigration lawyers on policy matters, you will continue be your own worst enemy.

Last edited by Administrator2; 01-13-2016 at 01:31 PM.
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  #295 (permalink)  
Old 01-13-2016, 01:29 PM
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Admin2,

We totally agree with you. Someone on another forum said that:

"IV is lacking marketing skill. I think their philosophy is, if someone is desperate for GC, he/she will join and work with IV actively and it is very difficult to convince a high skilled immigrant to join their organization."
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  #296 (permalink)  
Old 01-13-2016, 01:49 PM
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Quote:
Originally Posted by Ramalingam View Post
Again DHS has Authority to give EAD but with conditions imposed but again other law contradicts that the person loses the status when there is no similar job exist
You are an absolute idiot Ramalingam. Your name is Rama but your karma are of Ravan. Where did you read in law that DHS has authority to give EAD with conditions? If so what are the conditions mentioned in that lawbook of yours? Do you know more than DHS who themselves are saying that they can give EAD to anyone.

The fact is that you have GC or may be citizenship in your hand but you lack enough skills under your belt. You are afraid to lose your job someday to a very junior EB-I person who will have freedom to change job with EAD. Admin unnecessarily wasted his time on a dumbnut like you. You dont deserve even 15 seconds of IV time.

One can look at your posts and find that all you do is come and throw some shit in sophisticated way and disappear for some time. You are worse than those who write negative things about IV or are lawyers bootlickers. Atleast they dont hide their intentions. Get lost, you dont belong here. Go and rile up your buddies at NumbersUSA. They are as dimwit as you. They think this I-40 EAD regulation will give EAD to everyone without realizing that giving EAD to everyone is going to benefit them most.
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  #297 (permalink)  
Old 01-13-2016, 01:52 PM
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Quote:
Originally Posted by abcdgc View Post
Admin2,

We totally agree with you. Someone on another forum said that:

"IV is lacking marketing skill. I think their philosophy is, if someone is desperate for GC, he/she will join and work with IV actively and it is very difficult to convince a high skilled immigrant to join their organization."
First of all we don't care what people say on other forums. There is just too much noise there and very little real action.

And we don't think people understand the extent of the mess they are in. Some people seem to think IV is not providing good service, some say IV lack market skill and some say IV should work with lawyers.

You see, IV is not selling a product or service. We are merely speaking the truth and often truth is bitter and people don't like it, and they somehow reach a conclusion that IV is not providing good service. We think most people come from a place where they are used to getting serviced and folks have never participated in a political process to bring about change. Change is always messy. When deck is stacked against you and you are fighting against a cartel/mafia of the most well oiled machinery of immigration lawyers and large tech, and some handful of people expect being "serviced", these people don't know what is in store for them in next 20-30 years. But they will probably learn in time, when it will already too late for them.

We are not here to market IV. We have a simple platform based on truth. Our goal is to solve the problem immigrants go through in a system in which immigrants are exploited and Americans are discriminated against. This issue is not a fight between Immigrants v/s Americans. But often that is how lawyers or leftist media portrays. So most people (including some of the anti-immigrant organizations like NumbersUSA think that this issue is about Immigrants v/s Americans, which is not the case. The real issue is about being treated fairly and being able to live free. And when immigrants in EB system/H1/L1 will be able to live free, employers will no longer have the (wrong) incentive to hire immigrants over Americans. The real issue is right to live free and that is as fundamental as it can get. And IV need not market immigrants or anyone else about the lack of right to live free. We all live through that every day. Right to live free is paramount and supreme above every other right. And time and again history tells us that a man will go to any extent in order to live free. IV need not market this fact to anyone. We are all mature people. And for those who don't understand this issue, for them no amount "marketing" will do any good.

So if anyone thinks that IV is not providing a good service or that IV is not doing good marketing, they don't know what they are dealing with. But in time, they will know better. And there is nothing that we can do to speed up the process of their understanding.

Last edited by Administrator2; 01-13-2016 at 02:04 PM.
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  #298 (permalink)  
Old 01-13-2016, 01:58 PM
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Originally Posted by wetfeet80 View Post
You are an absolute idiot Ramalingam. Your name is Rama but your karma are of Ravan. Where did you read in law that DHS has authority to give EAD with conditions? If so what are the conditions mentioned in that lawbook of yours? Do you know more than DHS who themselves are saying that they can give EAD to anyone.

The fact is that you have GC or may be citizenship in your hand but you lack enough skills under your belt. You are afraid to lose your job someday to a very junior EB-I person who will have freedom to change job with EAD. Admin unnecessarily wasted his time on a dumbnut like you. You dont deserve even 15 seconds of IV time.

One can look at your posts and find that all you do is come and throw some shit in sophisticated way and disappear for some time. You are worse than those who write negative things about IV or are lawyers bootlickers. Atleast they dont hide their intentions. Get lost, you dont belong here. Go and rile up your buddies at NumbersUSA. They are as dimwit as you. They think this I-40 EAD regulation will give EAD to everyone without realizing that giving EAD to everyone is going to benefit them most.
Actually, DHS has the authority to grant EAD and AP and they can define the parameters of the EAD. So that is true. Our beef with the existing regulation is that it did not do what they promised. DHS has the authority to do what they said they will do. But somewhere along the lines they went into a wrong direction.

DHS has the authority to decide who should get EAD. But President had announced that he will do whatever is legally permissible to allow immigrants to change jobs, get "portable work authorization" and let immigrants with approved immigration petition to change employers/jobs. That is what this regulation is about. And DHS certainly has the authority to do more. But DHS has not done "maximum permissible by law" as prescribed by the President. And that is the real issue here.
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  #299 (permalink)  
Old 01-13-2016, 02:51 PM
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Default Can you clarify plz

Hi Admin

As per the IV facebook update, t was mentioned that "we are now working on a detailed plan to do our share to make this regulation closer to the current law".

What is the current law? Do you mean that as per the leaked memo?
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  #300 (permalink)  
Old 01-13-2016, 03:22 PM
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Originally Posted by houston_boy View Post
Hi Admin

As per the IV facebook update, t was mentioned that "we are now working on a detailed plan to do our share to make this regulation closer to the current law".

What is the current law? Do you mean that as per the leaked memo?
Memo is not law. Memo was created considering the "current law". So the ideas the memo are according to the "current law", but it is not "law" itself.

The purpose of putting in "current law" in that post was to tell everyone (not just IV members, but others like Hill staffers, Administration and idiot immigration lawyers etc) that EAD for I140 is within the the "current law", and that is what we want. And our ask is within the "current law".

There is a difference between regulation and laws. laws are created by Congress. Regulation is created by Executive body (i.e. Administration, agencies, departments). Regulations are merely interpretation of the existing laws. We are saying that fix for EAD + AP after I140 is within the current law. All regulations have to within the current law. We know that some sadistic people out there are trying to twist the meaning of "current law" to confuse people who don't know what this means. But you see, whenever you are asking for anything through regulation, you only help make your case stronger when you say that the changes you are seeking is within the "current law".

"Current law" is the entire Immigration and Naturalization Act. We believe that "current law" allows creating regulation that will grant EAD + AP to those with approved I140.

Last edited by Administrator2; 01-13-2016 at 04:25 PM.
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