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  #391 (permalink)  
Old 01-28-2016, 02:06 PM
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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
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Originally Posted by RandomizedPrecision View Post
Sure. Good idea. Do it.
Is there a lawyer willing to do this pro bono (i.e. expense only)?

If so I can provide a convincing argument for them (DMX17 copyrighted).
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  #392 (permalink)  
Old 01-28-2016, 08:09 PM
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Originally Posted by shv View Post
I've just added my technical comment in the regulations.gov and may help others too, see below:-

Thanks for coming up with the rule, I oppose this rule in the current format and want uscis/dhs to provide EAD/AP benefit for people having approved I140 with current employer and completed 6 years on H1b visa and facing compelling situation of long wait times due to huge Visa backlogs.

i140(As per rule Employee owns I140 after 180 days as the employer cannot revoke I140 and Priority Date is retained).

After having eligible for EAD/AP benefit based on the above criteria, here are the technical details that the rule should implement:-

1) Provide an option to Employee's to make a decision whether to remain in nonimmigrant status or to be in EAD/AP status.
a) Employee can choose to be on EAD/AP (and avail benefits of EAD/AP)
b) Employee may choose to maintain H1b (Maintain H1b nonimmigrant status if he/she wishes to)

2)
a) Go for Consular processing(or if possible by law file AOS) when Priority date(PD) becomes current when using ead status(and not maintaining H1/nonimmigrant status)
b) File AOS when PD becomes current (for those who are in or maintaining H1/nonimmigrant status)

3) Spouse & dependents(over 18 years) gets Ead/AP benefits.

4) Getting an Employment Authorization Document (EAD) and using an EAD are two entirely different things. Using an EAD means working based on that EAD, and that means when employee join any company (as the employee owns I140 here after 180 days), Employee must sign an I-9 form in which employment eligibility is based on the EAD. The person can change from H1 status to EAD status by contacting their HR department and filling out I9 form again based on EAD.

5) Similarly, getting an Advance Parole (AP) and using an AP are two entirely different things. Using an AP means leaving the U.S. and then showing your AP to enter the U.S. as a parolee, instead of showing the visa to enter the U.S. as a nonimmigrant. As parolees can't work in the U.S., he/she should get an EAD before traveling on an AP. Receiving an AP is just an addition of one more document in your file.Just receiving an EAD/AP does not change the nonimmigrant status in any way, and he/she is still on H1b status; thus, the person is either in EAD/AP status or in H1b status.

As long as a person maintains an H1b status (H1b status not expired, H1b holders working for any employer), he/she can travel outside the U.S. and come back without the need for advanced parole even after having an AP option in hand. The person can enter using his/her non-expired H1b visa. For valid H1b visa holders, there is no need to apply for EAD to continue working after returning to the U.S.

6) Employee's are not allowed to work on an expired EAD while his renewal EAD application is pending. He/she have to apply for renewal of EAD every year or every 3 years (if possible).

7) In general, if the person is married, he/she may want to apply for an EAD/AP for both, so that their spouse can start working and he/she can also work for another employer if he/she wishes. If the person is single, he/she may want to maintain H1b status so that he/she can bring his/her spouse on H4 if he/she gets married and then apply for EAD/AP for both.

9) If I485 denied being on EAD/AP a person have to go back to own country - as the person has already finished over 6 years on H1b and not maintaining H1b status.

10) Apply for timely renewal of EAD and AP. Please allow a person who is unemployed(sudden job loss) being on H1b status or EAD status upto the grace period of at least 90 days to get a new job within 90 days of time or leave the country.

11) Change jobs anytime on ead/ap after i140-ead approval based on same/similar criteria.

12) After changing jobs based on EAD or by H1b transfer, New Employer should just update employee's original PERM/I140(based on AC21 same/similar occupation criteria) and NOT filing a new one. If employee wants H1b transfer and wants to maintain H1b status then new employer should file for H1b transfer.

Through this rule, I urge DHS to propose to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries(with approved I140 with current employer and completed 6 years on H1b visa and facing long wait times due to huge Visa backlogs) to obtain work authorization, portable work authorization, and remove unnecessary restrictions on the ability to change jobs or progress in careers, as well as providing relief to workers facing lengthy adjustment delays due to huge backlogs ranging from 10-20 years of wait time and this way new employer don't have to restart PERM/I140 process every time employee changes job.
Your comment became useless once you said Thank you as your first two words.

Resubmit the comment again with opening something like" I oppose this rule in entirety" Do not thank them. Thanking them is taken as a sign of support.
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  #393 (permalink)  
Old 01-29-2016, 10:39 AM
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https://www.reddit.com/r/technology/...ats_up/czgfzqk
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  #394 (permalink)  
Old 01-29-2016, 04:28 PM
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Everyone talks about laid of US Citizens and replaced by H1Bs. I haven't seen a single post where H1Bs layoff are talked. I am certain that people on H1Bs are laid off too...why there is no traction in that area? Why there are no such lawsuits?
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  #395 (permalink)  
Old 01-29-2016, 04:51 PM
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Because H1B has so many restrictions and people on H1B can not claim any unemployment here.
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  #396 (permalink)  
Old 01-29-2016, 05:23 PM
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Quote:
Originally Posted by vikastaneja View Post
Everyone talks about laid of US Citizens and replaced by H1Bs. I haven't seen a single post where H1Bs layoff are talked. I am certain that people on H1Bs are laid off too...why there is no traction in that area? Why there are no such lawsuits?
Let me guess... okay, because it makes no sense?!
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  #397 (permalink)  
Old 01-29-2016, 05:45 PM
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Originally Posted by vikastaneja View Post
Everyone talks about laid of US Citizens and replaced by H1Bs. I haven't seen a single post where H1Bs layoff are talked. I am certain that people on H1Bs are laid off too...why there is no traction in that area? Why there are no such lawsuits?
H1bs are rarely laid off. The only reason they are laid off is either they are bad workers or company is closing down . The it is a cost cutting measure then H1bs are last to be laid off. They are cheap for any company . If a company is laying off h1bs with citizen workers then hats off to such company for being honest and paying equal wages to foreign workers .

Also have you ever heard of any consulting company laying off any H1b?
Have you wondered why consulting companies only hire foreigners from india in majority? Because of backlog so that they can retain them at low rates.

If backlog is gone equality and fairness will come that will hurt companies
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  #398 (permalink)  
Old 01-29-2016, 05:56 PM
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Default Indian problem

Instead of continuing to have this as an Indian Problem if HR 213 gets passed it will be a problem of people from every country. May be that will help getting more attention.

What is the next step for HR 213. How do we get to the floor for voting.
There is some benefit for Family based Immigration as well from HR 213. With that in mind is it possible to get the help of Philipino and Mexican communities. They too suffer because of that.

How do we get Paul Ryan to push it forward?
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  #399 (permalink)  
Old 01-29-2016, 11:32 PM
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Originally Posted by eastindia View Post
H1bs are rarely laid off. The only reason they are laid off is either they are bad workers or company is closing down . The it is a cost cutting measure then H1bs are last to be laid off. They are cheap for any company . If a company is laying off h1bs with citizen workers then hats off to such company for being honest and paying equal wages to foreign workers .

Also have you ever heard of any consulting company laying off any H1b?
Have you wondered why consulting companies only hire foreigners from india in majority? Because of backlog so that they can retain them at low rates.

If backlog is gone equality and fairness will come that will hurt companies
Generally H1bs will not be laid of because of the reasons

1. Employer knows that they will not leave until they get GC or at least till I140 is cleared. So minimum 3 years is for sure. Most Citizens and GC holders will jump to jobs if they get a better offer
2. Why would consulting companies layoff H1b. Consulting with H1b is no loss business that too without any investment. If in bench most employers can keep in bench without pay
3. Most H1bs are young and they must me receiving less pay than citizens with same aptitude and skill. Of course there are exceptions

If backlog is gone the advantage is H1bs will get freedom to change the employers without any issue. That may be good for labor market.. But only drawback is US citizens will lose special treatment for jobs because some companies hire without H1b hassle

So I140 EAD is not welcomed by employers and some lawyers but also most GC holders and US citizens. Of course recet GC holders might not oppose but they mught not support wholehearted. Anything exceptions are there
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  #400 (permalink)  
Old 01-31-2016, 12:40 AM
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I spoke to someone who works for Fed (though not related to USCIS/DHS) where he is regularly involved in various rule making. He provided me an high level overview of how the existing law works, without divulging any of his job specifics. According to him, making changes to a proposed rule no big deal at all. In their case, they normally have four or five members in a select committee, and once the commenting period is closed, they spend hours going through every comment, and try to incorporate most of the valid suggestions they receive.

However, it is the same team that comes up with the proposed rule, that reviews the comments as well. So, now, the only hope is, the displeasure among the legal immigrants gets bubbled up within the USCIS and there is some pressure on the existing team to the job what they were originally asked to do.
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  #401 (permalink)  
Old 01-31-2016, 01:05 AM
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Quote:
Originally Posted by kaca View Post
Instead of continuing to have this as an Indian Problem if HR 213 gets passed it will be a problem of people from every country. May be that will help getting more attention.

What is the next step for HR 213. How do we get to the floor for voting.
There is some benefit for Family based Immigration as well from HR 213. With that in mind is it possible to get the help of Philipino and Mexican communities. They too suffer because of that.

How do we get Paul Ryan to push it forward?
I would say, for next couple of months we should focus all our energy on the proposed rule.
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  #402 (permalink)  
Old 01-31-2016, 07:41 AM
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Quote:
Originally Posted by tspiv View Post
I spoke to someone who works for Fed (though not related to USCIS/DHS) where he is regularly involved in various rule making. He provided me an high level overview of how the existing law works, without divulging any of his job specifics. According to him, making changes to a proposed rule no big deal at all. In their case, they normally have four or five members in a select committee, and once the commenting period is closed, they spend hours going through every comment, and try to incorporate most of the valid suggestions they receive.

However, it is the same team that comes up with the proposed rule, that reviews the comments as well. So, now, the only hope is, the displeasure among the legal immigrants gets bubbled up within the USCIS and there is some pressure on the existing team to the job what they were originally asked to do.
This is the same team who went against President Executive Action
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  #403 (permalink)  
Old 02-01-2016, 11:25 AM
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Quote:
Originally Posted by dkshitij View Post
Your comment became useless once you said Thank you as your first two words.

Resubmit the comment again with opening something like" I oppose this rule in entirety" Do not thank them. Thanking them is taken as a sign of support.
Done! Comment resubmitted!
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  #404 (permalink)  
Old 02-02-2016, 02:32 PM
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Default ETA on Technical Comments or new plan of action?

IV Admins,

Can you please provide an ETA on Technical Comments ? or let everyone know if there is a different plan of action under work.

Thanks.
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  #405 (permalink)  
Old 02-02-2016, 02:51 PM
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Originally Posted by moon_walker333 View Post
IV Admins,

Can you please provide an ETA on Technical Comments ? or let everyone know if there is a different plan of action under work.

Thanks.
A lot of folks are heads down helping with this. Hang in there. Additionally, lot of activity in the background. Stay tuned.
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