PDA

View Full Version : Possible Administrative Fixes - Filtering facts from fiction


Pages : 1 [2]

pappu
11-20-2014, 08:43 PM
Dear Friends,

We are pleased to announce that after almost 9 years of hard work on the issue of skilled immigration backlogs, we finally have good news to report. The Obama administration has issued an administrative order with reforms to both skilled immigration and other areas where reform was long overdue.

Going forward, it will be easier to use a new provision called “Pre-Register” where employees who have approved labor and I-140 would be able to gain benefits of adjustment of status even when the dates are not current. This has been, by far, the most sought after and in-demand provision for us in last 9 years. Skilled employees would be able to switch jobs, apply for EAD and advance parole and also not have to worry about the new job being the same or similar, as the new administrative order liberalizes the definition of what constitutes same or similar job. In addition to this, the administration is making it possible to port the green-card petition from one employer to another so that applicants do not have to start with labor certification again should their employment end after they are quite far along in the process.

Spouses who are on H-4 visa would be able to apply for work permit and receive EAD via the proposed H-4 EAD rule. Additionally, they will also qualify for an EAD through the pre-registration step with primary applicant of green-card process. This will make life easier for thousands of skilled family members who get left out of opportunities due to H1B quota restrictions.

We stood up for ourselves and started this organization 9 years ago with this goal. Other than additional visa numbers, every single one of our ask-list items has been included in the administrative reform. This has not been easy and it has not been automatic. Democracy operates slowly and certainly for those who stand up for themselves and speak out. This is the fruit of almost a decade of hard work of our organization and the members who’ve dedicated to this cause whole-heartedly, spent enormous amounts of money and stormed the DC policy circles even when there was a smallest ray of hope. We had a silver lining of hope with H.R. 3012, and now, today, we have bright sunny future ahead of us.

One final note, before we start celebrating, we have to be savvy and bold about this issue. We have to speak positively about this with social media, press, policy makers, friends, colleagues and everyone we discuss this with. Please do not get mired into the politically radioactive issue of undocumented immigrants who are also getting a well-deserved relief tonight. They are our brothers and sisters in this struggle and they deserve a break from congressional gridlock too. After all, when their family is hungry, they do not have the luxury of pontificating about the Hastert rule and Senate cloture motion requirements. They needed a break. So did we. And we got it.

With warm regards,
Aman Kapoor

Tarang
11-20-2014, 08:56 PM
Great job everyone involved in this. Thanks for your hardwork. May be i am trying to be greedy but is there a chance that DHS brings all the dates current for a month or so while they work on rule making process?

aj2000
11-20-2014, 09:26 PM
Thank you everyone who worked on this. It is time to celebrate for many of my friends who missed 2007 . Hope this acts as a catalyst for Congress to pass comprehensive bill.

spulugur
11-20-2014, 09:46 PM
Awesome news!!!

One of our friends just texted us that she is ecstatic - she's running out of our OPT, did not get through H1 lottery and was gonna loose her job. Her husband's GC is post I-140 so there is hope for her to stay employed.

Q) Can you please confirm if the following included? This will benefit my family as I can port my EB3-'05 date w/ my wife's EB2-'11.

'Allow porting of Priority Date between primary applicant's Employment Based green card petition and Spouse's Employment Based green card.'

blizkreeg
11-20-2014, 09:59 PM
Aman and team: we appreciate all the hard work you guys have put in over the years to make this happen. We owe much gratitude to you all. I personally have been to an advocacy event and have witnessed first hand the work you do. Congrats on this win.

I do want to humbly question if this is too little though (not because of your efforts, but in spite of them). Obama effectively gave a path for all *undocumented* immigrants to become legal and live in this country and enjoy the freedom to change jobs, travel, start businesses, and in all, live a stress-free life when it comes to matters of immigration. He clearly had the executive power to pull this off legally.

As a compassionate person, I am happy for all undocumented immigrants. Their struggle is no less important than ours, irrespective of how they entered this country.

However, from your posts earlier, you said it is not legally possible through an admin fix for the President to remove per-country caps, exclude dependents, provide a path for STEM graduates to obtain green cards, and many other common-sense benefits. That this would require an act of Congress. It honestly doesn't make sense to me. The president can pull off what he did for the illegals but doesn't have the authority or power to tweak a few common sense fixes for a a smaller but equally deserving minority of skilled immigrants?

I have mixed feelings today. I am glad about this win but simultaneously disappointed that we, the skilled, the educated, the (high) tax-paying, the law-abiding immigrants yet again will be mired in a wait of many years to experience true "freedom", if you will.

I understand this is a political, vote bank issue as much as it is about doing the right thing.

I do realize there is nothing one can do other than greater advocacy efforts but would love to hear your thoughts as you are closest to the heart of this.

rbusgc
11-20-2014, 10:15 PM
Executive Actions on Immigration | USCIS (http://www.uscis.gov/immigrationaction)

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf

Both of these documents doesn't mention about EAD for I140 (aka pre-registration option)... am I missing something??? Sorry guys just wanted to make sure that its part of the official announcement.:confused:

sdeshpan
11-20-2014, 10:35 PM
Executive Actions on Immigration | USCIS (http://www.uscis.gov/immigrationaction)

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf

Both of these documents doesn't mention about EAD for I140 (aka pre-registration option)... am I missing something??? Sorry guys just wanted to make sure that its part of the official announcement.:confused:
I don't see it spelled out that way anywhere, but I assume that if IV is so confident about it, it will be done! After all, the devil is in the details...there's a lot of detail that needs to follow this announcement, let's stay tuned!

BTW, I found this online which seems relevant to the issue at hand. I wonder if IV can throw some light on whether the rulemaking process for it has already begun, or was planned at one point in 2009 and then dropped? If so, can they pick it up again to expedite it or does it start from scratch??

View Rule: Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1615-AB82)

solarjf11
11-20-2014, 10:41 PM
As per the whitehouse page It's time to fix our broken immigration system | The White House (http://www.whitehouse.gov/issues/immigration/immigration-action), "Expanding work authorization for high-skilled workers who are in line for a green card". It seems they are talking about EAD.

GCkiyaGanja
11-20-2014, 10:53 PM
I echo your feelings . Its bitter sweet ,more on the sweeter if I may add . There is no doubt whatsoever that its a win & credit has to be given where it is due , IV leadership deserves kudos.

My only concern is are we getting into a trap of ead , ap backlogs ? would we be in line with our undocumented friends for EAD's? IV leaders need your guidance on this.

rakeshnr
11-20-2014, 11:49 PM
Thanks Immigrationvoice for the work you are doing. I found the document from the DHS website in which the EO is outlines and they have the following does it imply visa recapture?


Modernizing the Employment-Based Immigrant Visa System
As you know, our employment-based immigration system is afflicted with
extremely long waits for immigrant visas, or "green cards," due to relatively low green
card numerical limits established by Congress 24 years ago in 1990. The effect of these
caps is further compounded by an immigration system that has often failed to issue all of
the immigrant visas authorized by Congress for a fiscal year. Hundreds of thousands of
such visas have gone unissued in the past despite heavy demand for them.
The resulting backlogs for green cards prevent U.S. employers from attracting and
retaining highly skilled workers critical to their businesses. U.S. businesses have
historically relied on temporary visas- such as H-lB, 1 L-lB,2 or 0-13 visas-to retain
individuals with needed skills as they work their way through these backlogs. But as the
backlogs for green cards grow longer, it is increasingly the case that temporary visas fail
to fill the gap. As a result, the worker's temporary status expires and his or her departure
is required. This makes little sense, particularly because the green card petition process
for certain categories requires the employer to test the labor market and show the
unavailability of other U.S. workers in that position.
To correct this problem, I hereby direct USCIS to take several steps to modernize
and improve the immigrant visa process. First, USCIS should continue and enhance its
work with the Department of State to ensure that all immigrant visas authorized by
Congress are issued to eligible individuals when there is sufficient demand for such
visas. Second, I ask that USCIS work with the Department of State to improve the
system for determining when immigrant visas are available to applicants during the fiscal
year. The Department of State has agreed to modify its visa bulletin system to more
simply and reliably make such determinations, and I expect USCIS to revise its current
regulations to reflect and complement these proposed modifications. Third, I direct that
USCIS carefully consider other regulatory or policy changes to better assist and provide
stability to the beneficiaries of approved employment-based immigrant visa petitions.
Specifically, USCIS should consider amending its regulations to ensure that approved,
long-standing visa petitions remain valid in certain cases where they seek to change jobs
or employers.

columbusdude007
11-21-2014, 12:23 AM
Executive Actions on Immigration | USCIS (http://www.uscis.gov/immigrationaction)

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf

Both of these documents doesn't mention about EAD for I140 (aka pre-registration option)... am I missing something??? Sorry guys just wanted to make sure that its part of the official announcement.:confused:
I agree with you. I am also trying to read between the tea leaves..The only benefit that is clearly spelled out is this - "Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status."

Administrator2
11-21-2014, 12:41 AM
Executive Actions on Immigration | USCIS (http://www.uscis.gov/immigrationaction)

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf

Both of these documents doesn't mention about EAD for I140 (aka pre-registration option)... am I missing something??? Sorry guys just wanted to make sure that its part of the official announcement.:confused:

This document is listing only the things that will be done through internal Memo. Then there will be Regulatory changes, which are not listed in this document. EAD for H-4 is waiting for final regulation due Dec/Jan. Early Filing of Adjustment of Status is also a regulation, and so on.

avinashchand
11-21-2014, 01:05 AM
agreed

old_hat
11-21-2014, 02:31 AM
Congratulations IV on a job well done. IV is catering to an audience whose needs are always changing. When someone is on OPT and missed out on H1 lottery he is looking for relief there. Others have the H1 but cannot get an EAD and some have the EAD but cannot get the card. It is truly unlikely that any fixes will cover the full spectrum and it just takes a couple of internet tigers to kick up an idiotic ruckus on the forum. Kudos to the IV team for maintaining the decorum on the face of such idiocy and not lose sight of the long term needs of immigrants.

Great work and congratulations on years of toil bearing some fruits at last. I think the current executive order would benefit a lot of people.

VolatilityMaster
11-21-2014, 02:36 AM
How soon will these regulatory changes occur? Is there going to be official release about these proposed regulatory changes?

This document is listing only the things that will be done through internal Memo. Then there will be Regulatory changes, which are not listed in this document. EAD for H-4 is waiting for final regulation due Dec/Jan. Early Filing of Adjustment of Status is also a regulation, and so on.

DallasBlue
11-21-2014, 06:25 AM
Thanks IV for your selfless service.

2008candid
11-21-2014, 07:27 AM
Thank you for your effort. Well done.

Tarang
11-21-2014, 07:48 AM
This document is listing only the things that will be done through internal Memo. Then there will be Regulatory changes, which are not listed in this document. EAD for H-4 is waiting for final regulation due Dec/Jan. Early Filing of Adjustment of Status is also a regulation, and so on.

USCIS document shows timeline of 90 days for additional DACA applicants and 180 days for parents of citizens/LPRs. Is it possible for them to bring priority dates current for skillbased categories so that majority of approved I140s can file EAD/AP while USCIS work on regulatory changes which acoording to you can take about 6-7 months?

checklaw
11-21-2014, 08:09 AM
Thank you IV core for continuing to truly represent the issues of our community.
checklaw

gcbikari
11-21-2014, 09:24 AM
Admins, did the the 240 day provision for EAD made it to regulation/EO? Thanks.

"8. Grant automatic extensions for 240 days of Work Authorization and Advance Parole if extension was filed prior to expiry of Work Authorization or Advance Parole."

This document is listing only the things that will be done through internal Memo. Then there will be Regulatory changes, which are not listed in this document. EAD for H-4 is waiting for final regulation due Dec/Jan. Early Filing of Adjustment of Status is also a regulation, and so on.

bikram_das_in
11-21-2014, 10:13 AM
Executive Actions on Immigration | USCIS (http://www.uscis.gov/immigrationaction#4)

I don't see "Pre-Registration" anywhere.

bikram_das_in
11-21-2014, 10:16 AM
Executive Actions on Immigration | USCIS (http://www.uscis.gov/immigrationaction#4)

I don't see "Pre-Registration" anywhere.

Also, look at this:

"When : Upon issuing necessary guidance and regulations." As we know how USCIS works, this may take years in making. We are celebrating too early. Babaji ka Thullu na ho jaye.

Waitnwait
11-21-2014, 10:29 AM
Big Milestone in a long journey. Thanks for all your effort and service. God bless.

anishNewbie
11-21-2014, 10:42 AM
I am worried if the the people on I-140 would be able to apply for EAD.. :confused::confused:



From USCIS: Executive Actions on Immigration | USCIS (http://www.uscis.gov/immigrationaction#4)

4. Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs
Who

U.S. businesses, foreign investors, researchers, inventors and skilled foreign workers.

What

USCIS will:

Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.
Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.
Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.
Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:
Have been awarded substantial U.S. investor financing; or
Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.
Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status.
Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.
Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.

When

Upon issuing necessary guidance and regulations.

GCkiyaGanja
11-21-2014, 11:27 AM
Also, look at this:

"When : Upon issuing necessary guidance and regulations." As we know how USCIS works, this may take years in making. We are celebrating too early. Babaji ka Thullu na ho jaye.


Phatela jeb sil jayega jo chahe ga mil jayega..tere bhi din aayengay chotey acha khasa hil jayega..ruknay ka nahi thaknay ka nahi..advocacy kartey rehna ka.. bheja kyun sarkanay ka.

Administrator2
11-21-2014, 11:45 AM
Phatela jeb sil jayega jo chahe ga mil jayega..tere bhi din aayengay chotey acha khasa hil jayega..ruknay ka nahi thaknay ka nahi..advocacy kartey rehna ka.. bheja kyun sarkanay ka.

So the Administration did something good for us and you complaint is that why can it not happen immediately? Is that right? Yes the change has to go through a process and it will take a few months for regulations to go in. They have assured us that the regulation process for these fixes will be quick, and even attempted to provide the timeline, but that is not enough. You want everything right now or else according to you nothing will happen, even after the fixes were announced?

If you are so good, why don't you ask your employer to do GC immediately for you. Or your lawyer to reply to your email immediately?

There is time to go back to your old self to bicker and waste time fighting with each other over online forums, and there is a time to at least be thankful to the President for did for us. But I guess some things never change.

Administrator2
11-21-2014, 11:57 AM
Also, look at this:

"When : Upon issuing necessary guidance and regulations." As we know how USCIS works, this may take years in making. We are celebrating too early. Babaji ka Thullu na ho jaye.

Pre registration or early filing requires regulation and they even tried to provide the timeline of regulation. But since you know how USCIS works, what would be your appropriate time-line for this change? Do you want this change to go in-effect immediately? Well me too. But every change requires to follow a process.

Even when a bill passes the Congress, there is a effective date for each provision, often into next calendar year. This is not the first time we are going through this, so why is it that all of a sudden you want this like yesterday?

So what you have is these fixes compared to vacuum. What do you prefer, vacuum?

goosetavo
11-21-2014, 12:07 PM
Kudos to IV for all the hard work across the years. This didn't happen overnight, credibility with the White House doesn't happen in a few months. These changes were YEARS in the making. Lots of hours, time away from families, sacrifices at home and work. IV Core, we salute you. Those of us that put in our little grain of sand are SOOOOO PROUD OF IV at this time.

It's so funny to see folks complaining about the EO's, yes they are not perfect, yes we'd like more clarity and details and precise timelines, etc. But guess what? TODAY WE CELEBRATE!!!!! We'll look into details tomorrow.

If you have read anything on these forums at all during the last years, you'll see IV's hand on ALL of the admin fixes for employment-based immigrants. GREAT JOB!!!

imh1b
11-21-2014, 12:32 PM
So the Administration did something good for us and you complaint is that why can it not happen immediately? Is that right? Yes the change has to go through a process and it will take a few months for regulations to go in. They have assured us that the regulation process for these fixes will be quick, and even attempted to provide the timeline, but that is not enough. You want everything right now or else according to you nothing will happen, even after the fixes were announced?

If you are so good, why don't you ask your employer to do GC immediately for you. Or your lawyer to reply to your email immediately?

There is time to go back to your old self to bicker and waste time fighting with each other over online forums, and there is a time to at least be thankful to the President for did for us. But I guess some things never change.

Admin, These people are workers that try to sell insurance. Ask them if every claim is denied citing pre-existing conditions? Isnt it true that when the customer contacts after the claim is denied, you do not respond or say that they should directly contact the company and they are mere agents? GCkiyaGanja show me 5 people who have been paid the claims and I will personally verify your information and will take back my words.

I really wonder why people are such fools to still buy insurance knowing that they are being fools. GCkiyaGanja is one such idiot who has I bet done nothing for immigrant problem. GCkiyaGanja get the fcuk out of this site and focus on getting more people to buy your insurance.

thokkalohdi
11-21-2014, 12:37 PM
well, as far as i can say.. every1 i knew said just one thing "finally we got something done, if for nothing else EAD for H4 is great news itself".

pappu
11-21-2014, 01:00 PM
Members are requested to only post links from government sources. No publicity to businesses is allowed. And you have seen by now that even media reports were incorrect so far in the last 3 months. We have been proven correct once again and others had incorrect idea what they were saying.

iamgsprabhu
11-21-2014, 01:01 PM
Hi,

I there any chance of date movement for EB3 - India with priority date 2003 & 2004 ?

Please advise.

thx

goosetavo
11-21-2014, 01:13 PM
I forgot to mention. We need to support IV as well. This change didn't happen because of good intentions. It took lots of passion, time and financial support. LOTS. Now more than ever we need to support IV and DONATE. I am a recurring donor and will pledge an additional $100 today to THANK IV for getting the job done.

If you have never donated, today is the day. Sign up for a recurring donation, help keep the work IV does alive. We are not done yet, this is a GREAT first step.

Kudos to IV for all the hard work across the years. This didn't happen overnight, credibility with the White House doesn't happen in a few months. These changes were YEARS in the making. Lots of hours, time away from families, sacrifices at home and work. IV Core, we salute you. Those of us that put in our little grain of sand are SOOOOO PROUD OF IV at this time.

It's so funny to see folks complaining about the EO's, yes they are not perfect, yes we'd like more clarity and details and precise timelines, etc. But guess what? TODAY WE CELEBRATE!!!!! We'll look into details tomorrow.

If you have read anything on these forums at all during the last years, you'll see IV's hand on ALL of the admin fixes for employment-based immigrants. GREAT JOB!!!

hil3182
11-21-2014, 01:54 PM
I forgot to mention. We need to support IV as well. This change didn't happen because of good intentions. It took lots of passion, time and financial support. LOTS. Now more than ever we need to support IV and DONATE. I am a recurring donor and will pledge an additional $100 today to THANK IV for getting the job done.

If you have never donated, today is the day. Sign up for a recurring donation, help keep the work IV does alive. We are not done yet, this is a GREAT first step.

Couldn't agree with you more. Having been to the two most recent advocacy events I can speak from experience when I say the biggest constraint is money right now.

If you want to help, donate at donations.immigrationvoice.org. I am told they prefer subscriptions since it lets them plan ahead. I am donating at $100/mo and am told that is the recommended donation. That said you should donate what you can.

My paypal transaction ID is: S-30T81161CN022104A

gaurav77
11-21-2014, 02:16 PM
A heartfelt gratitude and sincere thanks to Aman and his team. You have touched so many lives with your selfless work. May God shower you with success and health.

bikram_das_in
11-21-2014, 02:21 PM
Pre registration or early filing requires regulation and they even tried to provide the timeline of regulation. But since you know how USCIS works, what would be your appropriate time-line for this change? Do you want this change to go in-effect immediately? Well me too. But every change requires to follow a process.

Even when a bill passes the Congress, there is a effective date for each provision, often into next calendar year. This is not the first time we are going through this, so why is it that all of a sudden you want this like yesterday?

So what you have is these fixes compared to vacuum. What do you prefer, vacuum?

The EO talks nothing about Pre-Registration. What is the source of information to IV that people without priority date being current will be allowed to get benefits of filing adjustment of status? People who are waiting for ages to get an EAD would appreciate that. I know the pain of not being able to file I-485 - missed this twice. Life has been better with EAD for sure.

hil3182
11-21-2014, 02:27 PM
The EO talks nothing about Pre-Registration. What is the source of information to IV that people without priority date being current will be allowed to get benefits of filing adjustment of status? People who are waiting for ages to get an EAD would appreciate that. I know the pain of not being able to file I-485 - missed this twice. Life has been better with EAD for sure.


The "pre-registration" will be the result of a rule change which is why you don't see it in the EO. We were fortunate to get a chance to attend two briefings by Senior White House staff.

IV knows what they are talking about.

jsd123
11-21-2014, 02:58 PM
This is massively positive change for immigrants. Please do not be mired and confused by bullshit.

Here is just a handful of WINs for us.

1. Allow applicant to submit and DHS to receive Adjustment of Status application when a visa number is not available. (Will require Regulation process so it will be 6-7 months)
2. Providing clarity to current law by clearly defining "Same or Similar Occupation Classification". (Will not require Regulation, most likely through Memo)
3. Job portability so we will not have to restart green card process. Not allowed to revoke I-140
4. EAD for H-4 (Dec/Jan time frame).

We will provide a more detailed analysis soon along with all the other positive provisions in this change.

410,000 Employment Based immigrants will be directly positively impacted by these fixes. And if you add family members, the number would be more than half a million.

This is MOST SIGNIFICANT that can be done in Executive Order

Friends,

First of all thanks and kudos to the IV team for this great achievement. I am sure this would make many people....

Pardon my ignorance....Does combination of 1 & 3 mean that if I have a an approved I-140 from my previous employer, my current employer has not yet started my GC process, then I can just go ahead and file for EOS using the previous I-140 once the rule is in effect ? Do I need my current employers support for that ? If not could you please help how this would help my current situation.

Thanks in advance for your clarification...

hil3182
11-21-2014, 03:29 PM
Friends,

First of all thanks and kudos to the IV team for this great achievement. I am sure this would make many people....

Pardon my ignorance....Does combination of 1 & 3 mean that if I have a an approved I-140 from my previous employer, my current employer has not yet started my GC process, then I can just go ahead and file for EOS using the previous I-140 once the rule is in effect ? Do I need my current employers support for that ? If not could you please help how this would help my current situation.

Thanks in advance for your clarification...

Maybe the IV Core people know more and can correct me, but my understanding is the Rule hasn't been written yet. We have assurances that EAD for I-140 holders will work for the "vanilla" case, that being people who continue to work for the employers that have sponsored them.

For your case, we would have to look at the exact rule.

I think my answer would apply for a lot of the "what about my case..." questions on this thread.

pappu
11-21-2014, 04:02 PM
This is a huge testament to Immigrationvoice and tireless work of its leaderdership team and volunteers. It should make us all proud. What a journey it has been for 9 years. When we started 9 years ago we did not know anything about advocacy. There were sharks everywhere and it seemed difficult. Members who joined the website were scared to even reveal their names or write negatively about a company or lawyer in those days. But it was only a handful of people who were strong willed and during this time, we have brought so much awareness in our community and brought it together to stand up for themselves.

Many people are asking questions about provisions. Some of it is online and some of them do not have full clarity publicly available. There are some who claim to have updates are bullshitting. The fact is Immigrationvoice was at the forefront throughout this advocacy process and the provisions that are accepted are all part of our ask list. We legal immigrants got a really good win in the end and we should be proud of it. We were able to get whatever was mostly possible without changing the law. We have outlined the provisions in our newsletter, Facebook page and some on Immigrationvoice website. Keep visiting the site. Like us on Facebook so that updates get to you sooner.

And lastly, please donate to Immigrationvoice today so that we can put in resources and ensure that these provisions come asap, we get relief, and also include a couple of big items like recapture etc in the next bill. We will also focus on trying to get fast processing for everyone so that the benefits f these provisions come sooner for everyone. For all this we need resources and request you to consider donating today.

iamgsprabhu
11-21-2014, 04:25 PM
This is a huge testament to Immigrationvoice and tireless work of its leaderdership team and volunteers. It should make us all proud. What a journey it has been for 9 years. When we started 9 years ago we did not know anything about advocacy. There were sharks everywhere and it seemed difficult. Members who joined the website were scared to even reveal their names or write negatively about a company or lawyer in those days. But it was only a handful of people who were strong willed and during this time, we have brought so much awareness in our community and brought it together to stand up for themselves.

Many people are asking questions about provisions. Some of it is online and some of them do not have full clarity publicly available. There are some who claim to have updates are bullshitting. The fact is Immigrationvoice was at the forefront throughout this advocacy process and the provisions that are accepted are all part of our ask list. We legal immigrants got a really good win in the end and we should be proud of it. We were able to get whatever was mostly possible without changing the law. We have outlined the provisions in our newsletter, Facebook page and some on Immigrationvoice website. Keep visiting the site. Like us on Facebook so that updates get to you sooner.

And lastly, please donate to Immigrationvoice today so that we can put in resources and ensure that these provisions come asap, we get relief, and also include a couple of big items like recapture etc in the next bill. We will also focus on trying to get fast processing for everyone so that the benefits f these provisions come sooner for everyone. For all this we need resources and request you to consider donating today.


Hi Pappu,

Is there any chance of date movement for EB3 - India with priority date 2004 & 2005 ?

thx

GCkiyaGanja
11-21-2014, 04:31 PM
Sir , You are getting me completely wrong . I am not at all undermining the achievement , its huge and its credit to IV no question about it.. I remember the time when you spoke at "Dosa Biryani" Sunnyvale restaurant during the HR3012 phase . I respect you and IV leadership for the selfless efforts. No one I repeat no one does this without anything on the line .. frankly I would not do it.

I am just trying in my own way to convince the other person that the time will come , where other things will also be done ..just hang in there. Hope that clarifies my stand .

I have myself done paltry to help the cause besides occassinallyy donating and working a little bit during HR3012 , but I do understand the value of this ..I am not and will never be ungrateful, thats not my DNA

As regards with fighting with each other I am not sure about when I did that , infact if you read some of my posts I have doused or atleast attempted to end the fights between eb2 and eb3.


Thats all I have to say..thank you once again . I hope I am allowed to be on the site :)

pappu
11-21-2014, 04:47 PM
Hi Pappu,

Is there any chance of date movement for EB3 - India with priority date 2004 & 2005 ?

thx

Honestly I would not worry about it. With so many provisions to give a good cushion for immigrants, life should not be that unstable now. Plus I have never liked these questions of when a PD will become current and how next bulletin is going to be. It makes the person more selfish and the unity of the community is broken.

There are other websites that feed on this prediction and tracking idea to make money off immigrants or sell some product or service and may have caused more harm than anti-immigrants. If the community was united most of us got their greencarid in earlier years whenever we had very close chance. A mighty push could have helped a lot during those advocacy days and rallies in the past. It is hard to understand advocacy. But those who are here for long, have a duty to explain to others that it works.

With the admin fixes you have all seen how much advocacy has worked. It has taken more time due to lack of participation and resources but due to the will power of people who were persistent we won. No amount of online petitions, letters, flowers, forum posts, tracking and predicting will get us this benefit.

Vsach
11-21-2014, 05:14 PM
Honestly I would not worry about it. With so many provisions to give a good cushion for immigrants, life should not be that unstable now. Plus I have never liked these questions of when a PD will become current and how next bulletin is going to be. It makes the person more selfish and the unity of the community is broken.

There are other websites that feed on this prediction and tracking idea to make money off immigrants or sell some product or service and may have caused more harm than anti-immigrants. If the community was united most of us got their greencarid in earlier years whenever we had very close chance. A mighty push could have helped a lot during those advocacy days and rallies in the past. It is hard to understand advocacy. But those who are here for long, have a duty to explain to others that it works.

With the admin fixes you have all seen how much advocacy has worked. It has taken more time due to lack of participation and resources but due to the will power of people who were persistent we won. No amount of online petitions, letters, flowers, forum posts, tracking and predicting will get us this benefit.

Hello Pappu,

Your inputs please...these excutive orders, how do they impact status of adjustment pending? Filing was in 2004.

vdlrao
11-21-2014, 05:25 PM
“They alone live, who live for others.” ― Swami Vivekananda


Today, IV core might have such a dedicated and non-selfish people who cares for other people, who stuck in this legal immigration backlogs for years and years. This is a wonderful achievement by a dedicated and non-selfish people.


This is a huge testament to Immigrationvoice and tireless work of its leaderdership team and volunteers. It should make us all proud. What a journey it has been for 9 years. When we started 9 years ago we did not know anything about advocacy. There were sharks everywhere and it seemed difficult. Members who joined the website were scared to even reveal their names or write negatively about a company or lawyer in those days. But it was only a handful of people who were strong willed and during this time, we have brought so much awareness in our community and brought it together to stand up for themselves.

Many people are asking questions about provisions. Some of it is online and some of them do not have full clarity publicly available. There are some who claim to have updates are bullshitting. The fact is Immigrationvoice was at the forefront throughout this advocacy process and the provisions that are accepted are all part of our ask list. We legal immigrants got a really good win in the end and we should be proud of it. We were able to get whatever was mostly possible without changing the law. We have outlined the provisions in our newsletter, Facebook page and some on Immigrationvoice website. Keep visiting the site. Like us on Facebook so that updates get to you sooner.

And lastly, please donate to Immigrationvoice today so that we can put in resources and ensure that these provisions come asap, we get relief, and also include a couple of big items like recapture etc in the next bill. We will also focus on trying to get fast processing for everyone so that the benefits f these provisions come sooner for everyone. For all this we need resources and request you to consider donating today.

mugembo
11-21-2014, 05:53 PM
Thank you IV for all the hardwork. We are very thankful for your time and efforts and we are very proud of your achievements.

Excellent job with transparency, communicating with members and keeping everyone informed about these EOs since last three months.

What we have got today is the most the President can do within his authority.

Note to all the laid-back IV members (including me), please show more support and attend IV's advocacy events and Donate to support more advocacy like this in future.

I challenge my fellow members to open up their wallets and Donate to IV, I will match upto $100 donation that is done until 11/27. Please post your Paypal transaction ID and amount of your transaction in this thread and add "MUGEMBO_MATCH" in your message. I will donate the same amount to IV before 11/27 and match the amount of your donation upto $100.

chakdepatte
11-21-2014, 06:11 PM
Though I did not benefit from this, i am really proud that my friends benefited from this. Seeing them happy was worth it. Thank you IV and everyone for ur help in every possible way.

The battle is not over. Lets contribute n convince our fellow republicans to pass CIR rather than waste time in lawsuits. Go IV

THANKS

Tarang
11-21-2014, 07:44 PM
Pre registration or early filing requires regulation and they even tried to provide the timeline of regulation. But since you know how USCIS works, what would be your appropriate time-line for this change? Do you want this change to go in-effect immediately? Well me too. But every change requires to follow a process.

Even when a bill passes the Congress, there is a effective date for each provision, often into next calendar year. This is not the first time we are going through this, so why is it that all of a sudden you want this like yesterday?

So what you have is these fixes compared to vacuum. What do you prefer, vacuum?

I was looking at wiki page for DACA and read that it was announced on June 15 2012 and USCIS started accepting applications on Aug 15 2012. Was some similar rule making involved or that was something different?

Murthy
11-21-2014, 07:47 PM
Thank you IV for all the hardwork. We are very thankful for your time and efforts and we are very proud of your achievements.

Excellent job with transparency, communicating with members and keeping everyone informed about these EOs since last three months.

What we have got today is the most the President can do within his authority.

Note to all the laid-back IV members (including me), please show more support and attend IV's advocacy events and Donate to support more advocacy like this in future.

I challenge my fellow members to open up their wallets and Donate to IV, I will match upto $100 donation that is done until 11/27. Please post your Paypal transaction ID and amount of your transaction in this thread and add "MUGEMBO_MATCH" in your message. I will donate the same amount to IV before 11/27 and match the amount of your donation upto $100.

I posted in the other thread "EO CeLeBrAtIoN thread" also.

Big Thumps UP!!! for IV. Here is my small contribution of $100
Transaction ID for this payment is: 6UP93898FT519803N.
Now we have to concentrate on our long wishing bill (Similar to HR 3012 ) that includes
1.Elimination of per-country numerical limitations.
2.Recapturing lost/Unused employment-based immigrant visas.
3.Exempt derivative beneficiaries of employment-based immigrants from the numerical limits.
Unity is important among all IV members.

jsd123
11-21-2014, 07:58 PM
Thank you IV for all the hardwork. We are very thankful for your time and efforts and we are very proud of your achievements.

Excellent job with transparency, communicating with members and keeping everyone informed about these EOs since last three months.

What we have got today is the most the President can do within his authority.

Note to all the laid-back IV members (including me), please show more support and attend IV's advocacy events and Donate to support more advocacy like this in future.

I challenge my fellow members to open up their wallets and Donate to IV, I will match upto $100 donation that is done until 11/27. Please post your Paypal transaction ID and amount of your transaction in this thread and add "MUGEMBO_MATCH" in your message. I will donate the same amount to IV before 11/27 and match the amount of your donation upto $100.

Transaction ID #87W47967RU796782F

blizkreeg
11-21-2014, 08:46 PM
MUGEMBO_MATCH

Here's the transaction ID 1A834336D2695724X

simple.life
11-22-2014, 04:40 AM
USCIS runs on fees paid by applicants and issuing EAD after preregistration will increase their revenue. Smart move!

Murthy
11-22-2014, 08:42 AM
Honestly I would not worry about it. With so many provisions to give a good cushion for immigrants, life should not be that unstable now. Plus I have never liked these questions of when a PD will become current and how next bulletin is going to be. It makes the person more selfish and the unity of the community is broken.

There are other websites that feed on this prediction and tracking idea to make money off immigrants or sell some product or service and may have caused more harm than anti-immigrants. If the community was united most of us got their greencarid in earlier years whenever we had very close chance. A mighty push could have helped a lot during those advocacy days and rallies in the past. It is hard to understand advocacy. But those who are here for long, have a duty to explain to others that it works.

With the admin fixes you have all seen how much advocacy has worked. It has taken more time due to lack of participation and resources but due to the will power of people who were persistent we won. No amount of online petitions, letters, flowers, forum posts, tracking and predicting will get us this benefit.

I see the following Action items at Executive Actions on Immigration | USCIS (http://www.uscis.gov/immigrationaction) under
(4) Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs


Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.


Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.


Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.


List item (1) definitely have some impact on movement of visa dates.
I believe List item (3) covers what Aman said ie Pre-Registering etc.

prince_nagi@yahoo.com
11-23-2014, 01:39 AM
I see the following Action items at Executive Actions on Immigration | USCIS (http://www.uscis.gov/immigrationaction) under
(4) Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs


Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.


Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.


Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.


List item (1) definitely have some impact on movement of visa dates.
I believe List item (3) covers what Aman said ie Pre-Registering etc.


The h4 ead rule building started may 2014 and expected to accept application from dec /jan so for pre registration rule building will same time ?
I also saw in some websites that for daca the application acceptance will start from fed 18th.

Senior members any thoughts ?

mugembo
11-24-2014, 10:28 AM
i posted in the other thread "eo celebration thread" also.

Big thumps up!!! For iv. Here is my small contribution of $100
transaction id for this payment is: 6up93898ft519803n.
Now we have to concentrate on our long wishing bill (similar to hr 3012 ) that includes
1.elimination of per-country numerical limitations.
2.recapturing lost/unused employment-based immigrant visas.
3.exempt derivative beneficiaries of employment-based immigrants from the numerical limits.
Unity is important among all iv members.

thanks a bunch @murthy, @jsd123 and @bilzkreeg for making my mugembo_match donation challenge a success. I had three members participating in my challenge but i can only match one.

Here's my paypal transaction id for the match: 72210293dp2074835

i strongly encourage other iv members to step up and come with similar challenges. Thank you again,

mugembo

DallasBlue
02-10-2015, 12:05 AM
While there is greater than a decade long wait in EB3I category, EB3 visas again went unused/wasted by DOS/USCIS for the financial year 2014.


last year for FY2014 Uscis/DOS moved dates for eb3i for 5 weeks.
from oct2013 to oct2014 visa bulletin - EB3I COD was moved from - 22sep2003 to 08Nov2003
and unused/wasted thousand of EB3 category visas as a whole.


another thought, may be we should request to put a country quota on H1B visas.

Good Job all the volunteers in the beltway.



Thank you for the patient ear.

Let me try and explain:

In this document: http://www.dhs.gov/sites/default/files/publications/ois_lpr_fr_2013.pdf


Please take a look at , "table 2." on page 2. for 2013:

Skilled workers, professionals, unskilled workers ... 43,632


Please take a look at , "table A1." on page 6 annual limit for 2013

Third: Skilled workers, professionals, and needed unskilled workers ..................... 45,321†


The first number 43,632 is the total quota for EB3 , and the second number 45,321 is the visas issued for EB3 in that financial year.
The difference between these two numbers in the document is unused visas for EB3 category.
Thus 1689 visas were unused in EB3 Category for the FY2013. These visas were used for other categories while there is a decade of waiting time in EB3I.

similary EB3 quota was underutilized in past several financial years.

Hope this explanation helps.


The solution that we were proposing for not wasting EB3 visa numbers was to move the cut of date , a.k.a. the visa bulletin dates, to move much ahead for EB3 and EB3I so that the visa numbers are not wasted.

What we were asking from the begining of the financial year was that the dept. of state (DOS) and CO (Mr. Charles Oppenheim , Chief of the Visa Control and Reporting Division at the U.S. Department of State ) to move the cut off dates ahead so that full use of EB3 quota happens thus reducing the backlogs in EB3I thru spillovers.

sdeshpan
05-08-2015, 10:25 PM
IV Admins,

I am still unsure about specific possible provisions in the EO that support job mobility. Can you please shed some light on what we can expect in terms of taking promotion within the "same or similar" role? So let's say from a Lead to Manager to Director...in the same company, just natural career progression.

For someone who only has an I-140 approved (no AOS yet), will it be possible to take such promotions without risking an RFE or another issue with the I-485 application? I know that one of the key things IV has focused on with the EO Admin fixes is quality of life for legal immigrants and job mobility - can you please clarify if we can expect clarifications or specifics around this scenarios?

Thanks!

rupen
05-08-2015, 10:34 PM
IV Admins,

I am still unsure about specific possible provisions in the EO that support job mobility. Can you please shed some light on what we can expect in terms of taking promotion within the "same or similar" role? So let's say from a Lead to Manager to Director...in the same company, just natural career progression.

For someone who only has an I-140 approved (no AOS yet), will it be possible to take such promotions without risking an RFE or another issue with the I-485 application? I know that one of the key things IV has focused on with the EO Admin fixes is quality of life for legal immigrants and job mobility - can you please clarify if we can expect clarifications or specifics around this scenarios?

Thanks!

Go to the start of the thread. You will see lot of clarity on admin fixes. Same or similar is also part of that.

sdeshpan
05-08-2015, 10:45 PM
Go to the start of the thread. You will see lot of clarity on admin fixes. Same or similar is also part of that.
I tried looking and couldn't find the original point-by-point details that were posted of all possible fixes. Anyway, the "same or similar", I thought, mostly applied to someone who changes jobs and goes to a similar role. But I guess it would apply to promotions and progression within the same job also? If there indeed is a fix coming up to clarify this and make it easier....I wish and pray that HR/immigration departments and their lawyers who help with filings get the details and advise employees accordingly! It would be a huge benefit!

sdeshpan
05-08-2015, 10:48 PM
Go to the start of the thread. You will see lot of clarity on admin fixes. Same or similar is also part of that.
So I found this on another thread:

"Question 1 (c.)" This is related to Immigration Voice provision for clarity with 'Same or Similar occupation clarification'. This fix will allow changing employer and jobs so that you will not longer have to stick with the same job title for decades (as under the earlier system). This fix is extremely important as it will give us job mobility and change job titles and employers as long as we are in the "same or similar occupation classification" meaning for example - if your green card petition was filed as "Programmer Analyst", with EAD you will now be able to change job to "Senior Programmer", "Manager", "Vice President" or whatever in your field. In short this means freedom to do the type of work you are potentially capable of doing and not be restricted by some artificial or arcane provision that was being used by large number of employers to game the system and for employee retention. This fix will allow you to live a free professional life.


Does this mean people don't have EAD yet, but are waiting to file...will not be able to take promotions and progress in their jobs the same way? Will this provision/clarification only apply to folks who already have EAD?

rupen
05-08-2015, 10:54 PM
So I found this on another thread:

"Question 1 (c.)" This is related to Immigration Voice provision for clarity with 'Same or Similar occupation clarification'. This fix will allow changing employer and jobs so that you will not longer have to stick with the same job title for decades (as under the earlier system). This fix is extremely important as it will give us job mobility and change job titles and employers as long as we are in the "same or similar occupation classification" meaning for example - if your green card petition was filed as "Programmer Analyst", with EAD you will now be able to change job to "Senior Programmer", "Manager", "Vice President" or whatever in your field. In short this means freedom to do the type of work you are potentially capable of doing and not be restricted by some artificial or arcane provision that was being used by large number of employers to game the system and for employee retention. This fix will allow you to live a free professional life.


Does this mean people don't have EAD yet, but are waiting to file...will not be able to take promotions and progress in their jobs the same way? Will this provision/clarification only apply to folks who already have EAD?

The provision is not out yet but we will work towards this provision to be applicable to anyone

maxpayne1
05-09-2015, 03:03 AM
Hello Administrator2 and other IV senior members,

First off, I wanted to say that all your efforts are much appreciated.

I have a question regarding the potential upcoming administrative fixes. My I-140 was still pending when I was at the end of my 6th year on H1B (after all the recaptured time) and as a result, I had to leave the US to go work at one of my company's international locations. The plan was to work outside the US until my I-140 and 3 year H1B (based on approved I-140) were approved and then come back into the US on the new H1B. While outside the US, my I-140 was approved, but shortly after that, I was laid off due to reduction in work force at my company. So needless to say, there is no way they can proceed with the H1B (based on approved I-140) now. I was wondering if the upcoming fixes would allow me to re-enter the US (based on my approved I-140) through consular processing. I realize most of these fixes pertain to Adjustment of Status and EAD/AP for people already in the US. Does anybody know if there is anything in the fixes that would help my situation at all? Will I be eligible to apply for an EAD (or its equivalent) through consular processing?

Thanks.

sdeshpan
05-20-2015, 09:03 PM
The provision is not out yet but we will work towards this provision to be applicable to anyone
Thanks, I'm eagerly waiting to find out what's in the provision for people who have I-140 approved without EAD...if they take promotions, what happens to their application w/r/t "same or similar" occupation so the application doesn't need to be filed again.

rupen
05-20-2015, 09:34 PM
Thanks, I'm eagerly waiting to find out what's in the provision for people who have I-140 approved without EAD...if they take promotions, what happens to their application w/r/t "same or similar" occupation so the application doesn't need to be filed again.

We are working on these angles also.

Tarang
05-21-2015, 07:59 AM
We are working on these angles also.

Will natural career progression consider lateral movements (ie from software development / business analysis/project management to product development/product management)?

uhsarp
05-22-2015, 04:56 PM
So if an I-140 approved person opts for an EAD, does he/she lose their non-immigration status? (i.e Will be out of status if something goes wrong with I-485 in the future)

rupen
05-25-2015, 12:15 PM
So if an I-140 approved person opts for an EAD, does he/she lose their non-immigration status? (i.e Will be out of status if something goes wrong with I-485 in the future)

I think that is correct and that is the case now also, right ?

hil3182
05-25-2015, 04:18 PM
I think that is correct and that is the case now also, right ?

That is my understanding too. We are trying to change it so that folks with I-140 EAD can do AoS (and not have to go for Consular Processing) which means that we will have some status.

We need to wait for the language to find out if we are successful.

Bhishma
05-26-2015, 10:46 AM
Can the admins help us throw some light on this new headache. This worries all of us who have I-140's approved from a previous employer and now if they withdraw it and the priority date is not retained, we are all in a pickle :(

05/26/2015: Watch for USCIS Position on BIA Unpublished Decision on Loss of Retention of Earlier Priority Date of Approved I-140 When Employer Withdraws it

The USCIS recent decision of its policy on issue of requirement for amended H-1B petition for relocation of H-1B employees taking it as a material change was a mixed bag of conservative and liberal policies of the agency for the H-1B employers in a way. In the form of a "precedent" decision of AAO, the USCIS firmly made its policy that the agency would no longer tolerate the employers moving H-1B employees around without contacting and receiving approval of such relocation from the USCIS.
There are many and many foreign high tech workers who have attained I-140 petitions (mostly EB-3) and changed the employers that sponsored a new PERM application and obtained new I-140 petitions (mostly EB-2). Upto now, there have been no problem in recapturing earlier priority date from the earlier approved I-140 case in the new employer's new I-140 petition, even if the former employer withdrew the aprpoved I-140 petition. This was available because of the USCIS regulation that provides that earlier priority can be retained. Immigration legal community, employers, and foreign workers have assumed that only situation where the retained priority date is lost is when the USCIS revokes the approved I-140 petition on fraud or misrepresentation or error in facts and laws in the decision of the earlier I-140 petition. They thought revocation of the earlier approved I-140 petition by the USCIS based on the employer's withdrawal would not affect the retention of the priority date.
On November 19, 2014, the Board of Immigration Appeals handed down an unpublished decision in Grace Estrellado with an opinion in dictum that employer's withdrawal and subsequent revocation of the earlier approved I-140 petition by the agency takes away the retained priority date. Even though it was a dictum and unpublished decision, the immigration legal community has been in the storm of controversity and debate over its potential impact on the USCIS position on this issue. Foreign workers should watch development of the USCIS policy on this issue along the way. Those with approved I-140 petition are currently elated by the Obama's immigration action opening them in the future an opportunity to change employers without affecting the green card jouney with the preregistration or I-140 EAD, but they should also be mindful of this development on the U.S. Department of Justice Board of Immigration Appeals and closely watch and follow reactions of the adjudicators in the Service Centers after this decision. After the decision, most of lawyers are no longer advising their clients that earlier priority date is definitely retained when former employer withdraws and subsequently the USCIS reovoked the approved I-140 petition.

hil3182
05-26-2015, 11:02 AM
Can the admins help us throw some light on this new headache. This worries all of us who have I-140's approved from a previous employer and now if they withdraw it and the priority date is not retained, we are all in a pickle :(

05/26/2015: Watch for USCIS Position on BIA Unpublished Decision on Loss of Retention of Earlier Priority Date of Approved I-140 When Employer Withdraws it

The USCIS recent decision of its policy on issue of requirement for amended H-1B petition for relocation of H-1B employees taking it as a material change was a mixed bag of conservative and liberal policies of the agency for the H-1B employers in a way. In the form of a "precedent" decision of AAO, the USCIS firmly made its policy that the agency would no longer tolerate the employers moving H-1B employees around without contacting and receiving approval of such relocation from the USCIS.
There are many and many foreign high tech workers who have attained I-140 petitions (mostly EB-3) and changed the employers that sponsored a new PERM application and obtained new I-140 petitions (mostly EB-2). Upto now, there have been no problem in recapturing earlier priority date from the earlier approved I-140 case in the new employer's new I-140 petition, even if the former employer withdrew the aprpoved I-140 petition. This was available because of the USCIS regulation that provides that earlier priority can be retained. Immigration legal community, employers, and foreign workers have assumed that only situation where the retained priority date is lost is when the USCIS revokes the approved I-140 petition on fraud or misrepresentation or error in facts and laws in the decision of the earlier I-140 petition. They thought revocation of the earlier approved I-140 petition by the USCIS based on the employer's withdrawal would not affect the retention of the priority date.
On November 19, 2014, the Board of Immigration Appeals handed down an unpublished decision in Grace Estrellado with an opinion in dictum that employer's withdrawal and subsequent revocation of the earlier approved I-140 petition by the agency takes away the retained priority date. Even though it was a dictum and unpublished decision, the immigration legal community has been in the storm of controversity and debate over its potential impact on the USCIS position on this issue. Foreign workers should watch development of the USCIS policy on this issue along the way. Those with approved I-140 petition are currently elated by the Obama's immigration action opening them in the future an opportunity to change employers without affecting the green card jouney with the preregistration or I-140 EAD, but they should also be mindful of this development on the U.S. Department of Justice Board of Immigration Appeals and closely watch and follow reactions of the adjudicators in the Service Centers after this decision. After the decision, most of lawyers are no longer advising their clients that earlier priority date is definitely retained when former employer withdraws and subsequently the USCIS reovoked the approved I-140 petition.

Oh is hard to read at the best of times, but that rambling prose you have reproduced on our August forums is harder to read than most.

That said, my understanding is Oh is scared that withdrawal of I-140 is going to result in loss of PD.

That might be possible (but improbable) under current regulations, but under the new regime, it will be impospsible. One of the initiatives that is going on in the background is to include the employee in ownership of I-140 so employers will not be able to unilaterally withdraw it.

This is being pursued through a separate channel - via AAO instead of new regulation.

http://www.uscis.gov/sites/default/files/USCIS/About%20Us/Directorates%20and%20Program%20Offices/AAO/3-27-15-AAOamicus.pdf

To me that whole rant sounds like Oh trying to make himself relevant when he clearly knows nothing.

Bhishma
05-26-2015, 11:37 AM
Thank you for the response. It would be an understatement to say that 'I appreciate IV's efforts for the EB community'

sengs
05-26-2015, 11:44 AM
Thank you for the response. It would be an understatement to say that 'I appreciate IV's efforts for the EB community'

Hope to see you at the June advocacy event.

rupen
05-26-2015, 11:47 AM
Oh is hard to read at the best of times, but that rambling prose you have reproduced on our August forums is harder to read than most.

That said, my understanding is Oh is scared that withdrawal of I-140 is going to result in loss of PD.

That might be possible (but improbable) under current regulations, but under the new regime, it will be impospsible. One of the initiatives that is going on in the background is to include the employee in ownership of I-140 so employers will not be able to unilaterally withdraw it.

This is being pursued through a separate channel - via AAO instead of new regulation.

http://www.uscis.gov/sites/default/files/USCIS/About%20Us/Directorates%20and%20Program%20Offices/AAO/3-27-15-AAOamicus.pdf

To me that whole rant sounds like Oh trying to make himself relevant when he clearly knows nothing.

I think he is trying to scare people so that whoever believes him would remain bonded to employer. That way at least that much business is saved and he would have served his clients' interest (read companies)

harishps123
05-26-2015, 02:32 PM
5TH Circuit Court denies stay pending appeal in Texas v. USA case regarding Extended DACA and DAPA. One more set back but lets continue to fight. Hang on friends..

sengs
05-26-2015, 02:43 PM
5TH Circuit Court denies stay pending appeal in Texas v. USA case regarding Extended DACA and DAPA. One more set back but lets continue to fight. Hang on friends..
denial of stay appeal is supposed to be good, right? it should lift the stay order?

where did you find this news?

harishps123
05-26-2015, 02:49 PM
Nope, it means the Administration cannot process applications whilst DACA/DAPA case is still on trial in the Texas Courts. Off course the the Administration will appeal to a higher court (possibly supreme court) but it will take time to get a verdict. The hope is that it will speed up the legal immigration process as USCIS has more time to dedicate to our cause but as IV has mentioned before, one is not mutually exclusive of the other. It would have been a good thing for the Administration to have won this appeal.

sengs
05-26-2015, 02:52 PM
Nope, it means the Administration cannot process applications whilst DACA/DAPA case is still on trial in the Texas Courts. Off course the the Administration will appeal to a higher court (possibly supreme court) but it will take time to get a verdict. The hope is that it will speed up the legal immigration process as USCIS has more time to dedicate to our cause but as IV has mentioned before, one is not mutually exclusive of the other. It would have been a good thing for the Administration to have won this appeal.

Yes. I found the story. I do not know how much this is going to affect legal immigration EAs. This is exactly why we must all fight for HR213.

http://www.nytimes.com/2015/05/27/us/fifth-circuit-court-of-appeals-rules-on-obama-immigration-plan.html?_r=0

Bhishma
05-26-2015, 02:53 PM
No it is not good for undocumented folks. 'A federal appeals court has refused to lift a temporary hold on President Obama's executive action that could shield millions of immigrants from deportation. '

hil3182
05-26-2015, 02:59 PM
Hope to see you at the June advocacy event.

Were you being sarcastic? His IV handle isn't registered for the advocacy day event.

harishps123
05-26-2015, 03:00 PM
Court Won't Lift Hold on Obama Immigration Action - ABC News (http://abcnews.go.com/US/wireStory/court-lift-hold-obama-immigration-action-31315297)

harishps123
05-26-2015, 03:08 PM
Yes HR213 is the way to go. Guys, now it is imperative for most of you to come to DC. Out of sight is out of mind. You got to constantly keep knocking on the door and reminding our senators about what they can do for us. In the end, its all about numbers and representation.

sengs
05-26-2015, 03:30 PM
Were you being sarcastic? His IV handle isn't registered for the advocacy day event.

Was wondering if he has already put his words into action. ;)

hil3182
05-26-2015, 03:47 PM
Was wondering if he has already put his words into action. ;)

IV handles are optional when registering.

I would like to think that Bhishma is true to his namesake and will do the right thing - if he hasn't already.

Bhishma
05-27-2015, 12:24 PM
IV handles are optional when registering.

I would like to think that Bhishma is true to his namesake and will do the right thing - if he hasn't already.

I pledge $300 in donation for IV as I will not be able to attend the advocacy event.

With reference to my reply on

Immigration Voice Advocacy Event in Washington D.C. on 14th, 15th and 16th June - Immigration Voice (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096260-immigration-voice-advocacy-event-in-washington-d-c-on-14th-15th-and-16th-june.html)

I did not register for the advocacy event as I will not be able to attend any vacation for 90 days (starting second week of May, 2015). I took up a new job and I am requested not to take a vacation and had I known it before I accepted the offer, I would have mentioned it to my employer before I joined them.

To live with myself and most importantly to thank IV's efforts, I took a pledge and will also contribute in any possible way I can for not making it up.

Thank you again for your valuable efforts and like I always say, Words fall short when I want to thank IV.

sengs
05-27-2015, 01:14 PM
With reference to my reply on

Immigration Voice Advocacy Event in Washington D.C. on 14th, 15th and 16th June - Immigration Voice (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096260-immigration-voice-advocacy-event-in-washington-d-c-on-14th-15th-and-16th-june.html)

I did not register for the advocacy event as I will not be able to attend any vacation for 90 days (starting second week of May, 2015). I took up a new job and I am requested not to take a vacation and had I known it before I accepted the offer, I would have mentioned it to my employer before I joined them.

To live with myself and most importantly to thank IV's efforts, I took a pledge and will also contribute in any possible way I can for not making it up.

Thank you again for your valuable efforts and like I always say, Words fall short when I want to thank IV.

Thank you for taking the right decision Bhishma. I wish many others who are sitting in the sidelines, and especially those who are jumping from one forum to another in search of fake news, follow your footsteps. I am feeling sorry that you will not be able to participate in the June event, but at the same time happy for your new job. Congratulations and Best of luck.:)

DallasBlue
06-16-2015, 07:11 PM
When there is decade of backlog with eb3I category , why the CO / USICS is not completely using eb3 quota. if any visas go unsued in eb3 they should fall across to the EB3-I which is the most backlogged county in the eb3.

Why uscis is not releasing the i-485 inventory for APR 2015 ?

http://www.uscis.gov/green-card/green-card-through-job/previous-pending-employment-based-i-485-inventory/pending-employment-based-i-485-inventory


DOS/CO is not publishing the monthly demand data.
http://travel.state.gov/content/visas/english/law-and-policy/statistics/immigrant-visas.html




Thank you for the patient ear.

Let me try and explain:

In this document: http://www.dhs.gov/sites/default/files/publications/ois_lpr_fr_2013.pdf


Please take a look at , "table 2." on page 2. for 2013:

Skilled workers, professionals, unskilled workers ... 43,632


Please take a look at , "table A1." on page 6 annual limit for 2013

Third: Skilled workers, professionals, and needed unskilled workers ..................... 45,321†


The first number 43,632 is the total quota for EB3 , and the second number 45,321 is the visas issued for EB3 in that financial year.
The difference between these two numbers in the document is unused visas for EB3 category.
Thus 1689 visas were unused in EB3 Category for the FY2013. These visas were used for other categories while there is a decade of waiting time in EB3I.

similary EB3 quota was underutilized in past several financial years.

Hope this explanation helps.


The solution that we were proposing for not wasting EB3 visa numbers was to move the cut of date , a.k.a. the visa bulletin dates, to move much ahead for EB3 and EB3I so that the visa numbers are not wasted.

What we were asking from the begining of the financial year was that the dept. of state (DOS) and CO (Mr. Charles Oppenheim , Chief of the Visa Control and Reporting Division at the U.S. Department of State ) to move the cut off dates ahead so that full use of EB3 quota happens thus reducing the backlogs in EB3I thru spillovers.

gramster
06-18-2015, 01:47 PM
Great meeting all of you at the advocacy event! It was a phenomenal experience. I will be following up with all the relevant action points.

AILA conference is ongoing, Greg Siskind tweeted: DoS made some comments that something was coming on Visa Bulletin which would allow early adjustments.

IV's admin teams have been talking about this for quite a while now...and hence have advised us to keep documents ready for a possible significant movement of PDs.

Just flagging for the benefit of everyone, especially those who don't care to trust some of IV's commentary.

student79
06-18-2015, 05:14 PM
Great meeting all of you at the advocacy event! It was a phenomenal experience. I will be following up with all the relevant action points.

AILA conference is ongoing, Greg Siskind tweeted: DoS made some comments that something was coming on Visa Bulletin which would allow early adjustments.

IV's admin teams have been talking about this for quite a while now...and hence have advised us to keep documents ready for a possible significant movement of PDs.

Just flagging for the benefit of everyone, especially those who don't care to trust some of IV's commentary.


No question about not trusting on IV.

I personally have complete faith on IV and its management. They are TRULY helper for EB community.

Do you know when it is coming now ?

VolatilityMaster
06-18-2015, 05:21 PM
Greg also tweeted I140EAD is not coming until end of 2016


Great meeting all of you at the advocacy event! It was a phenomenal experience. I will be following up with all the relevant action points.

AILA conference is ongoing, Greg Siskind tweeted: DoS made some comments that something was coming on Visa Bulletin which would allow early adjustments.

IV's admin teams have been talking about this for quite a while now...and hence have advised us to keep documents ready for a possible significant movement of PDs.

Just flagging for the benefit of everyone, especially those who don't care to trust some of IV's commentary.

sengs
06-18-2015, 06:25 PM
Do you know when it is coming now ?

All depends on your help with the action items. If you can get a few more Republican cosponsorship, the bill can be brought to the floor by this summer, and it can become a law by October 2015. It really matters on how much you are willing to help yourself.

sunrl
06-18-2015, 09:54 PM
It's definitely understandable the need to know dates but waiting for those dates will not bring as big of an impact that trying to get H.R 312 passed would bring. Right now is the time and with HR 312 you will most likely be getting green card not just I140 EAD which is a interim measure and it will happen when it will happen. Do your part and hope for the best, don't chase dates as those things could change.

stan1IV
06-19-2015, 12:18 AM
All depends on your help with the action items. If you can get a few more Republican cosponsorship, the bill can be brought to the floor by this summer, and it can become a law by October 2015. It really matters on how much you are willing to help yourself.

just for the record, there is optimism and there is this.

sengs
06-19-2015, 12:33 AM
just for the record, there is optimism and there is this.
Most if not all law becomes effective from the beginning of the next FY. 2015 October is the earliest one, if the bill passes before that.

essell
06-19-2015, 02:33 PM
"(d) Effective Date.—The amendments made by this section shall take effect as if enacted on September 30, 2014, and shall apply to fiscal years beginning with fiscal year 2015."

Hope this helps. Rather than discussions and speculations please call & meet the representatives asking for support . Good chances are that FY15 implementation can help 1000s of families can benefit this year itself.

Most if not all law becomes effective from the beginning of the next FY. 2015 October is the earliest one, if the bill passes before that.

sdeshpan
06-21-2015, 03:39 PM
I realize that IV and its volunteers have been busy with Advocacy Day event and related activities w/r/t H.R. 213 but I just wanted to revive this old thread and ask if there is still some traction on the EO side of things.

I know there was some confusion and around the timing and content of the report that was supposed to be released by the administration a month or so ago and it got delayed...is that still on the the cards? Also, does IV leadership feel that the short-term Visa Bulletin "fixes" to improve the quality of life of legal immigrants that were supposed to be a part of the EO action plan still in the works and expected to go through any time soon?

Don't mean to stir controversy or irk anyone so if IV admins feel this is not the right time for this discussion, please feel to delete the post. Cheers!

hil3182
06-22-2015, 01:56 PM
I realize that IV and its volunteers have been busy with Advocacy Day event and related activities w/r/t H.R. 213 but I just wanted to revive this old thread and ask if there is still some traction on the EO side of things.

I know there was some confusion and around the timing and content of the report that was supposed to be released by the administration a month or so ago and it got delayed...is that still on the the cards? Also, does IV leadership feel that the short-term Visa Bulletin "fixes" to improve the quality of life of legal immigrants that were supposed to be a part of the EO action plan still in the works and expected to go through any time soon?

Don't mean to stir controversy or irk anyone so if IV admins feel this is not the right time for this discussion, please feel to delete the post. Cheers!

We have been getting a lot of questions about the EO. Nothing was shared with us that would require that we amend our statement on May 5th except obviously the timing of the high-level announcement, over which we have no control.

https://www.facebook.com/ImmigrationVoice/posts/912984648767760

People need to realize that the real battle is with HR.213. There is very little that can be done about the EO. If something goes wrong with it, it will not be because you failed to do tweet regularly or something silly like that - it will be because of something out of everyones control (including the Administrations). In fact when our community starts tweeting, calling or harassing the administration, it's sets an unnecessary adversarial tone between the WH and the skilled immigrants it is trying to help.

If you have spare bandwidth, use it wisely by pushing for HR.213 by calling the members we posted. Every time a call is made it is recorded and the Congressman is told that a constituent really wants him to do something. The last thing a congressman wants is an upset constituent bad-mouthing him in his district for not doing something (especially when it's reasonable and common sense). So, please do your share - these calls are taken seriously. Also when you call, ask for someone who deals with immigration policy in the office:

Do your share: Important Advocacy Day Action Item - Immigration Voice (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096306-do-your-share-important-advocacy-day-action-item.html)


There is a lot of doom and gloom about the EO on other forums. The truth of the matter is Administration is working on the EO at the best speed they can. There aren't many people in the Admin who know what's going on and those who know are wisely not saying anything in public.

Please don't listen to people who do nothing other than run around from forum to forum gathering and re-publishing information while wasting your time uninformed speculation. Instead spend your time wisely and focus on things you can change.

Another point I would like to make is our push for HR.213 should not be misconstrued as "giving up" on the EO. Rather it is a matter of pragmatism and resource management. We only need a handful of people to deal with the WH. The president isn't running for another election, so even if there was a need to pressure the WH - it would be of limited utility. However, we need all hands on deck for HR.213. Congressmen are - by design, extremely responsove to constituent pressure and we need you do the needful and pressure them - politely.

Ramalingam
06-22-2015, 02:53 PM
Actually people are having the following questions. That is main part of speculations

1. Is there any big VB movement though recapture is difficult ? Theoretically it is not possible without visa numbers.
2. Any other fix other than EAD for I140? Is AOS without PD current is different from EAD for I140? I know one of the expected fix is if you file I140 which may be valid even if change the employer.

No one can timeline as no one knows even DHS /USCIS will no have that.

hil3182
06-22-2015, 03:02 PM
Actually people are having the following questions. That is main part of speculations

1. Is there any big VB movement though recapture is difficult ? Theoretically it is not possible without visa numbers.
2. Any other fix other than EAD for I140? Is AOS without PD current is different from EAD for I140? I know one of the expected fix is if you file I140 which may be valid even if change the employer.

No one can timeline as no one knows even DHS /USCIS will no have that.

#1: Yes. We have specifically been asked not to share when and how. People speculating about this are doing just that - speculating.
#2. AoS without PD current is different from EAD for I140. Main difference is Kids will be protected from aging out with AoS. There are other benefits like kids getting in-state tuition in some states when they would not qualify when they have pending AoS (because they get an A#). The bottom-line is having a pending AoS gives you rights and options you will not have with just I-140 EAD+AP. In our view AoS without PD being current is the most important fix.


Also please do not ever use the words EAD and I-140 without mentioning AP on public fora - it sends the wrong message.

SatnamSingh
06-29-2015, 01:39 PM
Give me some sunshine Give me some Hop Give me another chance I wanna grow up once again... Saari umar hum Mar mar ke jee liye Ek pal to ab humein jeene do Jeene do


EAD for all I140 approvals on H1B | RESULTS OCEAN (http://resultsocean.com/2015/03/30/ead-for-all-i140-approvals-on-h1b-predicted-by-september-2015/)

EAD for I140 -Prepare your Documents When you Find Time. (http://resultsocean.com/2015/05/02/ead-for-i140-prepare-your-documents-when-you-find-time/)


Bachpan to gaya Jawani bhi gayi Ek pal to ab humein Jeene do jeene do
Na na na….Na na na….Na na na….Na na nana na….

hil3182
06-29-2015, 02:07 PM
Give me some sunshine Give me some Hop Give me another chance I wanna grow up once again... Saari umar hum Mar mar ke jee liye Ek pal to ab humein jeene do Jeene do


EAD for all I140 approvals on H1B | RESULTS OCEAN (http://resultsocean.com/2015/03/30/ead-for-all-i140-approvals-on-h1b-predicted-by-september-2015/)

EAD for I140 -Prepare your Documents When you Find Time. (http://resultsocean.com/2015/05/02/ead-for-i140-prepare-your-documents-when-you-find-time/)


Bachpan to gaya Jawani bhi gayi Ek pal to ab humein Jeene do jeene do
Na na na….Na na na….Na na na….Na na nana na….

That's the spirit. Sit around and "hope" - but do absolutely nothing to help your self.

greyhair
06-29-2015, 03:11 PM
That's the spirit. Sit around and "hope" - but do absolutely nothing to help your self.

Expecting anything more would be too much to ask from this so called "highly skilled" but in reality illiterate in spirit :rolleyes:

SatnamSingh
06-29-2015, 04:05 PM
If you are not in a HOPE then what are your efforts directed too ? Many a time I do see some verbiage that send faul , hatred or challenging languages from senior members .. It only reflects your frustration & Infuriation rather then enticing to new members.


Some members wants to listen to only immigration voices in the vein of their minds.

Once again thank you for what you are doing which is really incredible & your effort r stupefying but if you want to bag more team members change your belvedere ...

greyhair
06-29-2015, 04:17 PM
If you are not in a HOPE then what are your efforts directed too ? Many a time I do see some verbiage that send faul , hatred or challenging languages from senior members .. It only reflects your frustration & Infuriation rather then enticing to new members.


Some members wants to listen to only immigration voices in the vein of their minds.

Once again thank you for what you are doing which is really incredible & your effort r stupefying but if you want to bag more team members change your belvedere ...


I don't speak for IV but I am quite certain that the HOPE is cannot be directed at or for dead bodies. People without spirit are as good as dead bodies. IV should direct effort in getting passionate people, not dead bodies with no soul or spirit

hil3182
06-29-2015, 04:24 PM
If you are not in a HOPE then what are your efforts directed too ? Many a time I do see some verbiage that send faul , hatred or challenging languages from senior members .. It only reflects your frustration & Infuriation rather then enticing to new members.


Some members wants to listen to only immigration voices in the vein of their minds.

Once again thank you for what you are doing which is really incredible & your effort r stupefying but if you want to bag more team members change your belvedere ...

We are all frustrated. You need to channel that frustration in productive ways - ways that will solve your problems.


Posting nonsense on forums changes nothing.

Sitting on your butt "hoping" for some "sunshine" changes nothing.

Going to the lawyers forum and wasting a few more months of your short life talking about the 2 R's, or uselessly speculating about what should be in the EO (when all you need is here (http://www.regulations.gov/#!documentDetail;D=USCIS-2014-0014-1349)) - changes nothing.

Spending valuable time on the fraudulent travelers insurance forums and talking to trolls in India whose job it is to post comments to make it look "active" - also changes nothing.



Or you can step up and help yourself.