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  #421 (permalink)  
Old 02-05-2016, 12:46 AM
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Default New set of comments from iV

IV, eagerly waiting for new set of technical comments. Please share.
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  #422 (permalink)  
Old 02-05-2016, 03:44 PM
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Default When will this rule be finalized

After the comments period ends 29th Feb 2016, what are the next steps? When will this rule be finalized?
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  #423 (permalink)  
Old 02-05-2016, 05:52 PM
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Quote:
Originally Posted by Sri_Jay View Post
After the comments period ends 29th Feb 2016, what are the next steps? When will this rule be finalized?
USCIS/DHS have to consider and respond to all reasonable comments. I don't think anyone knows how much time they'll take. For context, the H-4 EAD rule took almost 1 year from the end of the comment period to become final rule.

Separately, I don't think anyone here wants this rule to be "finalized" in its current incarnation.
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  #424 (permalink)  
Old 02-08-2016, 02:52 AM
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Default Commenting Probably Changed Nothing...

Check this out posted on Oh Law Firm...looks like Supplement Form J is approved...I take this as a minor signal that our commenting may not be working/have worked..I see this and am disappointed

02/07/2016: OMB Completed Review of New Form "Supplement J" to I-485 Form on 02/04/2016 Pending Completion of Rule-Making Process for EB Modernization Rule

The Supplement J form is created for the USCIS to verify continuing "existence" of I-485 employer's intent to offer the permanent employment, no matter whether in the context of initial concurrent filing of I-140/I-485 or subsequent change of employment by the foreign worker after 180 days of filing of I-485 applications using I-140 portability under Section 204(j) of the immigration statute. Again, the USCIS has gone through this new form enactment process to be prepared for forthcoming implementation of the pending rule of Modernization of Employment-based Immigration Reform. The foreign workers who are waiting to file I-485 applications or have already filed I-485 applications and either have changed employers or intends to change employer using portability under 204(j) provision may want to review this new form and instruction to learn when they will be required to file this new form after the pending Modernization Rule is finalized and implemented in the near future.
02/07/2016: USCIS Clears Revision of I-765 EAD Application Form to Implement Pending Rule of Modernization of Employment-based Immigration Reform

In preparation of completion of pending rule of approved I-140 benefits reform in the name of Modernization of Employment-based Immigration Reform of Obama's immigration actions, the USCIS has drafted revision of current EAD application of I-765 to add classes of new EAD applicants who are in E-3, H-1B, H-1B1, L-1 or O-1 nonimmigrant statuses and have obtained approval of I-140 and their spouse and children based on the proof of "compelling circumstances." The new class of EAD for the principal foreign worker is designated as (C)(35) and their spouses and children are designated as (C)(36). This revision of the EAD application has already been cleared by the OMB on February 4, 2016 and is waiting for finalization of the pending final rule of Modernization of Employment-based Immigration Reform. The revised form background information indicates that the USCIS is estimating the number of eligible (C)(35) and (C)(36) EAD applicants will be approximately 155,067. Unlike other EAD applicants, these EAD applicants will have to go through the extra security clearance process in the form of biometric collection (fingerprint, photograph, and signature). Accordingly, on top of $380 for the regular EAD application fee, they will have to pay additional $85 for biometric collection fee. The estimate total numbers are relatively small because of the requirement of "compelling circumstances" proof. It is hoped that the USCIS does not apply too narrow standards for definition of "compelling circumstances." The Modernization rule is still undergoing the process of comment period which will end at the end of this month. It is not certain how long the USCIS will take to complete review of the comments and draft the "final rule" for OMB review to implement this new rule.
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  #425 (permalink)  
Old 02-08-2016, 03:44 AM
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I'm sure I'm not able to see complete picture. Can you please elaborate a bit more why you're saying that our commenting is not working?

Quote:
Originally Posted by HumHongeKaamyaab View Post
Check this out posted on Oh Law Firm...looks like Supplement Form J is approved...I take this as a minor signal that our commenting may not be working/have worked..I see this and am disappointed

02/07/2016: OMB Completed Review of New Form "Supplement J" to I-485 Form on 02/04/2016 Pending Completion of Rule-Making Process for EB Modernization Rule

The Supplement J form is created for the USCIS to verify continuing "existence" of I-485 employer's intent to offer the permanent employment, no matter whether in the context of initial concurrent filing of I-140/I-485 or subsequent change of employment by the foreign worker after 180 days of filing of I-485 applications using I-140 portability under Section 204(j) of the immigration statute. Again, the USCIS has gone through this new form enactment process to be prepared for forthcoming implementation of the pending rule of Modernization of Employment-based Immigration Reform. The foreign workers who are waiting to file I-485 applications or have already filed I-485 applications and either have changed employers or intends to change employer using portability under 204(j) provision may want to review this new form and instruction to learn when they will be required to file this new form after the pending Modernization Rule is finalized and implemented in the near future.
02/07/2016: USCIS Clears Revision of I-765 EAD Application Form to Implement Pending Rule of Modernization of Employment-based Immigration Reform

In preparation of completion of pending rule of approved I-140 benefits reform in the name of Modernization of Employment-based Immigration Reform of Obama's immigration actions, the USCIS has drafted revision of current EAD application of I-765 to add classes of new EAD applicants who are in E-3, H-1B, H-1B1, L-1 or O-1 nonimmigrant statuses and have obtained approval of I-140 and their spouse and children based on the proof of "compelling circumstances." The new class of EAD for the principal foreign worker is designated as (C)(35) and their spouses and children are designated as (C)(36). This revision of the EAD application has already been cleared by the OMB on February 4, 2016 and is waiting for finalization of the pending final rule of Modernization of Employment-based Immigration Reform. The revised form background information indicates that the USCIS is estimating the number of eligible (C)(35) and (C)(36) EAD applicants will be approximately 155,067. Unlike other EAD applicants, these EAD applicants will have to go through the extra security clearance process in the form of biometric collection (fingerprint, photograph, and signature). Accordingly, on top of $380 for the regular EAD application fee, they will have to pay additional $85 for biometric collection fee. The estimate total numbers are relatively small because of the requirement of "compelling circumstances" proof. It is hoped that the USCIS does not apply too narrow standards for definition of "compelling circumstances." The Modernization rule is still undergoing the process of comment period which will end at the end of this month. It is not certain how long the USCIS will take to complete review of the comments and draft the "final rule" for OMB review to implement this new rule.
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  #426 (permalink)  
Old 02-08-2016, 09:25 AM
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" It is not certain how long the USCIS will take to complete review of the comments and draft the "final rule" for OMB review to implement this new rule. "

It says that they have not yet reviewed the comments... the way I look at it is, In the worst case scenario that or commenting may be completely useless and fall on deaf ears but it is far better than not doing anything and hoping for different results. So keep commenting and spread the word.
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  #427 (permalink)  
Old 02-08-2016, 09:38 AM
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Yes
Lets keep commenting more and more
We only have 20 days left....!
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  #428 (permalink)  
Old 02-08-2016, 07:05 PM
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Default Detailed comment

I am expecting detailed comment from IV about the proposed rule. Are we going to get one or we already lost hope?

Thank you.
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  #429 (permalink)  
Old 02-08-2016, 07:35 PM
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Lets not forget to mention INA code 274A(h)(3) as many times as possible in our comment

Quote:
Please mention the INA code 274A(h)(3). DHS has authorization under 274A(h)(3) to issue EADs to anyone. Please refer to this code that since DHS used the authority under this code to issue EADs to DACA recipients, H4 visa holders as well as looking to issue 5 million EADs to DAPA recipients, why cannot USCIS use the same code to issue EADs to H1B applicants with approved I-140s? No "compelling circumstance" was required in any of the other cases, why is it required now? Please ask USCIS to remove "compelling circumstance".
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  #430 (permalink)  
Old 02-09-2016, 12:06 PM
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Quote:
Originally Posted by 2008candid View Post
I am expecting detailed comment from IV about the proposed rule. Are we going to get one or we already lost hope?

Thank you.
Nope. No hope for you. You can go back to moping, blathering on other forums rather than trolling here. Good luck!
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  #431 (permalink)  
Old 02-09-2016, 02:25 PM
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Stay tuned There are folks working heads down on creating a comprehensive document that will serve as IVs proposed second round of comments.

Also DHS does not review comments when a regulation is in its open comment period.
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  #432 (permalink)  
Old 02-09-2016, 03:02 PM
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Quote:
Originally Posted by vikidisi View Post
Stay tuned There are folks working heads down on creating a comprehensive document that will serve as IVs proposed second round of comments.

Also DHS does not review comments when a regulation is in its open comment period.
Should the backlog folks prepare to witness explosions in the mouths of the pro-backlog lawyers?

Just say yes!
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  #433 (permalink)  
Old 02-09-2016, 03:07 PM
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Quote:
Originally Posted by RandomizedPrecision View Post
Nope. No hope for you. You can go back to moping, blathering on other forums rather than trolling here. Good luck!

Not sure if you are authorized to speak and ask another member to go away from the forum. I don't consider this as a matured/civilized manner. My request was to admin/authorized person. I hope you will learn to behave yourself, don't show your filthy colour here.
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  #434 (permalink)  
Old 02-09-2016, 06:01 PM
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Quote:
Originally Posted by 2008candid View Post
Not sure if you are authorized to speak and ask another member to go away from the forum. I don't consider this as a matured/civilized manner. My request was to admin/authorized person. I hope you will learn to behave yourself, don't show your filthy colour here.
I think we are all authorized to speak our minds here

Lets be patient and grateful that an org like IV is fighting for us.
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  #435 (permalink)  
Old 02-10-2016, 12:58 AM
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Quote:
Originally Posted by 2008candid View Post
Not sure if you are authorized to speak and ask another member to go away from the forum. I don't consider this as a matured/civilized manner. My request was to admin/authorized person. I hope you will learn to behave yourself, don't show your filthy colour here.
Please take your own advice, show some maturity and patience while folks continue to work hard behind the scenes. It is easy to ask questions like "have we already lost hope?" but much harder to exhibit the restraint that you claim to possess.

When you ask questions like "have we already lost hope?" you are no different than somebody who will cut and run when things get a little tough - if you are in it for the long grind then don't distract and disparage the folks who are working hard behind the scenes to get this shit done!
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