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Administrator2
11-23-2014, 10:42 AM
Please post all questions and clarification request about President's Executive Action on Immigration on this thread.

For the purpose of relevance of this thread and discussion, couple of points:


This thread is only for clarifications and questions to better understand and create awareness for President's Executive Action on Immigration

Please DO NOT post individual immigration case questions.

If anyone creates a fake ID and try to use IV forum to attack President's Executive Action on Immigration, undocumented, or any other provision, we will be left with no option but to ban that fake ID.

We will do our best to provide clarification on possible changes from President's Executive Action on Immigration. However before posting a question, please read this thread and search if the questions is already posted and answered. Repeating the same question will not change the answer and repeating question will not make a policy change.

We will provide clarification about the possible changes. There is no need to argue or attack anyone if you don't like the answer. It is what it is.

Hope this thread will help everyone seeking answers.

Thank you,

Administrator2
11-23-2014, 10:49 AM
Question 1:
A lawyer is pretty confident that recapture is under consideration as part of the "Visa Modernization" program

Answer 1:
This is NOT true. Please DO NOT fall for misinformation. Some folks just want you to waste your time online and visit their websites. We suggest that you please NOT waste time on online forums. We have repeatedly try to tell you the truth for over 6 months that recapture CANNOT be done with Executive Order. Recapture requires act of Congress and only Congress can change the law.

Here is related post from 4 months back.
Possible Administrative Fixes - Filtering facts from fiction - Immigration Voice (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096036-possible-administrative-fixes-filtering-facts-from-fiction.html#post3582838)

Immigration Voice also asked for recapture of unused green cards. But we know that this cannot be done without changing or breaking the existing law. Recapture can be done only by act of Congress and with the help of our our members we will continue to create awareness for Recapturing of unused visas with Congress.

Question 2:
I see the following Action items at Executive Actions on Immigration (http://www.uscis.gov/immigrationaction) | USCIS 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.

Does this Modernize Visa program means ‘Recapture”

Answer 2:
No. Please see the response to Question 1 above.

Administrator2
11-23-2014, 11:03 AM
Question 1:
There were countless media reports and many lawyers were telling online that EB dependents can be made exempt from visa count. Is this part of President’s Action on Immigration?

Answer 1:
We believe that media reports could have been planted by special interests that were trying to create diversion from the possibility of any real change. Based on the current law and legislative history, all along we believed that EB dependents CANNOT be exempt from EB visa count. And we repeatedly tried to share this information. No matter how much we all want more green cards, please do not believe anything that you see in the media. It is easy to be carried away when you see something that we want. But for our good, we are responsible towards ourselves to filter out facts from bullshit.

Please read this thread/post posted four (4) months back:
Possible Administrative Fixes - Filtering facts from fiction - Immigration Voice - Post dated 18th August 2014 (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096036-possible-administrative-fixes-filtering-facts-from-fiction.html#post3582838)

Possible Administrative Fixes - Filtering facts from fiction - Immigration Voice - Post dated 24th August 2014 (http://ImmigrationVoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096036-possible-administrative-fixes-filtering-facts-from-fiction-5.html#post3582968)

No matter what some lawyer's opinion says, EB dependents CANNOT be made exempt from EB visa count. Every lawyer has her/his opinion. It doesn't matter what the opinion of some lawyer is. What matters is whether or not we can see though the reality over lots of useless legal jargon.

Immigration Voice would do anything within legal means to get more green cards and ask for exemptions from numerical limit. We did our share to ask for exempting dependents and will continue to do so with Congress in the future. But as the law stands currently, this specific suggestion is not part of President’s Action on Immigration.

Administrator2
11-23-2014, 11:03 AM
Question 1:
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. What is the meaning of each of these bullet points:
a.) 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.
b.) Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
c.) 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.

Answer 1:

"Question 1 (a.)" means to work on fixing the system so no visa number is wasted IN THE FUTURE. This is NOT related to recapture of unused green cards from the previous years.

"Question 1 (b.)" means streamlining of Visa Bulletin so demand and available visas are calculated more accurately. such the visas are not wasted in the future.

"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.

Administrator2
11-23-2014, 11:03 AM
Question 1:
IV said that the system will allow filing Adjustment of Status when the visa number if no available. But there is no mention of this on USCIS Website (http://www.uscis.gov/immigrationaction)

Answer 1:
Filing Adjustment of Status when the visa number is not available will require change in regulation. That is why this is not part of what is not available online, but we believe that it will be soon. Every fix that is being made has not been fully announced. IV have been advocating for this change since 2006.


Question 2:
Then what is IV's source of information?

Answer 2:
White House conducted briefings on 20th November prior to making the announcement about the Executive Action. At two (2) of these briefings, IV learned about this fix 'to allow filing Adjustment of status when the visa number is not available'.


Question 3:
What is the timeline for this fix?

Answer 3:
Usually regulations take 8-12 months. However, since this is priority of the President, this regulation is expected to take effect within 6-7 months. We shared this information about the timeline with the initial announcement on the 20th November.

Question 4:
Why does it 6-7 months long time to do this regulation?

Answer 3:
Federal Regulations have its process. If you are interested then here is a information available on FederalRegister.gov (https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf)
Apart from this process, DHS and USCIS will also undergo internal process change, change in the forms, internal publications, training of personnel, new hiring background checks and new hire training of the staff and many other logistical aspects to implement the change. This is applicable to any change in the process.

Even when a bill passes the Congress, the effective date of any change is always a future date, usually from next fiscal year of the Agency that allows the agency the time to restructure train and adjust systems to implement the change.

So 6-7 months is a short and quick time when you look at amount of background work needed to implement change at the agency level.

Question 5:
What will be fixed in regulation?

Answer 5:
Regulation will define the meaning of ‘Immediately available’ visa number as mentioned in 1255(a) (http://www.law.cornell.edu/uscode/text/8/1255). It will then make it possible to allow filing adjustment of status (I-485 application).

Administrator2
11-23-2014, 11:03 AM
Question 1:
Where is the meaning of the following on White House website:
"Expanding work authorization for High skilled workers who are in Line for Green card"

http://www.whitehouse.gov/share/infographic-president-obama-taking-steps-fix-our-broken-immigration-system

Answer 1:
We believe that this is about one of IV's ask for allowing EAD and AP after approval of I-140 so EB applicants can change employer without risking pending green card petition. EB applicants will be able to file I-485 from a employer that is different from the original petitioning employer.

This will allow EB applicants to change employer and immigrants will not be beholden to the employer due to long green card backlogs.

Administrator2
11-23-2014, 11:04 AM
Question 1:
I had filed adjustment of status many years back. How will this Executive Order help me?

Answer 1:
We understand that for you to graduate to receiving Green Card, you need a visa number. The President cannot add green card numbers through Executive Order. Regardless of all misleading media articles suggesting otherwise, the fact cannot change. It will require passing a bill and act of Congress to increase green cards. The administration understands the pain of waiting for green card number and is sincere about helping with this situation.

Most people want green card to get stability and ability to change jobs or start a business. With the clarity with 'Same or Similar occupation clarification', it will be possible to live a free life and change employer or jobs or jobs titles and even allow you to start your own company. This change may sound simple but we believe that it will significantly change the lives of those with pending Adjustment of status application.

Please see Executive Action on Immigration | USCIS (http://www.uscis.gov/immigrationaction)
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.

Yes, it will require Congress to pass a bill to increase or capture green cards, and exempt dependents, but the fixes will help resolve most of the quality of life issues that we have to face as an outcome of the green card backlogs.

We need your help to fix green card backlogs. As you can see advocacy is slow, but it works. We will need your help with the next Congress to pass a bill. Our analysis is that there will be an opportunity to pass a bill in 2015. And if you want to make the difference, we request you to participate in the advocacy event in Washington DC.

Murthy
11-23-2014, 12:45 PM
Please post all questions and clarification request about President's Executive Action on Immigration on this thread.

For the purpose of relevance of this thread and discussion, couple of points:


This thread is only for clarifications and questions to better understand and create awareness for President's Executive Action on Immigration

Please DO NOT post individual immigration case questions.

If anyone creates a fake ID and try to use IV forum to attack President's Executive Action on Immigration, undocumented, or any other provision, we will be left with no option but to ban that fake ID.

We will do our best to provide clarification on possible changes from President's Executive Action on Immigration. However before posting a question, please read this thread and search if the questions is already posted and answered. Repeating the same question will not change the answer and repeating question will not make a policy change.

We will provide clarification about the possible changes. There is no need to argue or attack anyone if you don't like the answer. It is what it is.

Hope this thread will help everyone seeking answers.

Thank you,

Dear Aman
Thank you very much for starting this thread for clarifications on EO.
Can you please confirm whether item (8) of your e-mail on Update on Administrative Fixes has a provision in the EO.
ie 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 would be very great beneficial for EB guys stuck in backlog.

Thanks in Advance.

penguin1980
11-23-2014, 01:14 PM
Which of the provisions which affects legal immigration introduced in executive action has the potential to be overruled or delayed if and when congress finally gets down to pass bill?

I understand that they are long way off from such a time and most of the provisions affecting legal immigration has broad support among both parties, but its still a possibility that they may play politics and tag these to border security and delay these changes.

Administrator2
11-23-2014, 01:19 PM
Dear Aman
Thank you very much for starting this thread for clarifications on EO.
Can you please confirm whether item (8) of your e-mail on Update on Administrative Fixes has a provision in the EO.
ie 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 would be very great beneficial for EB guys stuck in backlog.

Thanks in Advance.

Thanks for asking this question. This specific provision is very important for us because unless Congress passes a bill soon, a lot of us will depend on EAD and AP for sometime. Which is why, automatic extensions of EAD and AP is so vital for us.

At this time we believe that the Executive Order does not include this specific provisions. However, after the Executive order, there will be one large or many small "Presidential Memorandum(s)" will be issued. Many of the smaller fixes will be done in Presidential Memorandum or PM as you will start hearing about this term soon.

But again, this won't happen automatically or posting messages online or on twitter or FB. And worst of all, DO NOT waste your time creating petition or voting on change.org if you cannot get 100,000 signatures because that makes our issue look week. So do not sign or encourage change.org petition. And if we did not already say enough -

PLEASE STOP WASTING TIME ON IMMIGRATION FORUMS OR POSTING LINKS TO NEWS ARTICLES BECAUSE MOST OF THESE ARTICLES ARE PLANTED BY SPECIAL INTEREST

Rather invest time in actual advocacy, meeting with local office of your Senators and House member. It is very easy. Just search for their phone number online and call their office to setup an appointment. And please participate in IV Advocacy event in DC. We are planning for an advocacy event in DC in February. Will share more details in the coming days and weeks.

Administrator2
11-23-2014, 01:33 PM
Which of the provisions which affects legal immigration introduced in executive action has the potential to be overruled or delayed if and when congress finally gets down to pass bill?

I understand that they are long way off from such a time and most of the provisions affecting legal immigration has broad support among both parties, but its still a possibility that they may play politics and tag these to border security and delay these changes.

Thanks for asking this question. You might be surprised to know that tech companies are not happy that their employees will now be able to change employer. For long time, using hired guns, slimy lawyers, army of lobbyists and hit-men, companies had twisted and bent the law to favor the employer. Many immigration lawyers also joined the band-wagon creating a powerful employer-immigration lawyer cartel/nexus to exploit immigrant employee and discriminate against Americans. Overcoming this nexus is not easy. But we did.

Obviously, tech companies and large number of immigration lawyers are not happy with losing grip over employees and immigrants. In the upcoming bills in next Congress, companies will try to reverse these changes that give immigrants more freedom to live their lives. It will be upon immigrants to defend their own freedom.

When it comes to advocacy, we believe that immigration lawyers or their association doesn't represent immigrants' interest. They represent just themselves and how they can make more money.

When it comes to advocacy, companies and their trade associations just represent themselves and not their employees. They just do bend the law so companies can make more money, even at the expense of their employees.

These groups will try to change the law in the next bill. And immigrants and US workers will have to defend such change.

All the provisions/fixes done by Executive order on sound legal ground and cannot be challenged in terms of legality. But watch-out for the bills in next Congress. And please don't be fooled by the broad support for legal immigration from both parties because details matter and most of these changes are very nuanced and technical, and the companies have been successful in selling crap wrapped in glassy paper. And the proof is - the current immigration backlog.

sachuin23
11-23-2014, 01:52 PM
Thank you so much for clarifying doubts. I have couple of questions:

1. I understand from the language of H-4 EAD rule making that it would be applicable for immigrants who have been in US for more than 6 years or have their I-140 approved and waiting to file for I-485. With new provision of being able to get EAD after filing for I-140, I see that H-4 EAD is redundant. Is there something I am missing?


2. Lot of folks have moved jobs after their I-140 has been approved. Would administration consider any previously filed and approved I-140 for purposes of giving an EAD or the one attached to current job of the applicant.


3. Would this employment based EAD come with AP?


4. After getting employment based EAD, is it required for a person to maintain H1B? Can a person start a start up on EAD without jeopardizing Green Card process ?

Administrator2
11-23-2014, 02:15 PM
1. I understand from the language of H-4 EAD rule making that it would be applicable for immigrants who have been in US for more than 6 years or have their I-140 approved and waiting to file for I-485. With new provision of being able to get EAD after filing for I-140, I see that H-4 EAD is redundant. Is there something I am missing?

It has different purpose.

EAD for H-4 has been in the works since beginning of 2014. This is specifically for spouse.

EAD after I-140 is aimed at giving job mobility for primary applicant. Although spouse can also get EAD after the approval of I-140 of primary applicant. Also, after I-140, primary applicants and spouse and dependents will get AP as well.


2. Lot of folks have moved jobs after their I-140 has been approved. Would administration consider any previously filed and approved I-140 for purposes of giving an EAD or the one attached to current job of the applicant.

Not sure on this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.

3. Would this employment based EAD come with AP?

Yes, we had proposed EAD and AP after I-140. Still need to look for final language for this fix. We are told that this has been taken care, both EAD + AP, but need to see the official language.

4. After getting employment based EAD, is it required for a person to maintain H1B? Can a person start a start up on EAD without jeopardizing Green Card process ?

No, after getting EAD, one is not required to maintain H1 status. Yes, the GC application and status will not be affected even if you use EAD or AP after I-140. The fix will allow you to change employer using EAD after I-140 and file I-485 from another employer.

Tarang
11-23-2014, 02:53 PM
Hi,

Is there any discussion around (or possibility of) bringing priority dates current while rule making is under process? I saw that was one of IV's ask list.

When DACA was announced in 2012, applicants were allowed to file for EAD within 2 months of announcement. Was there some special rule making or shortcut used at that time?

Thanks,
Tarang

sachuin23
11-23-2014, 03:02 PM
It has different purpose.

EAD for H-4 has been in the works since beginning of 2014. This is specifically for spouse.

EAD after I-140 is aimed at giving job mobility for primary applicant. Although spouse can also get EAD after the approval of I-140 of primary applicant. Also, after I-140, primary applicants and spouse and dependents will get AP as well.




Not sure on this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.



Yes, we had proposed EAD and AP after I-140. Still need to look for final language for this fix. We are told that this has been taken care, both EAD + AP, but need to see the official language.



No, after getting EAD, one is not required to maintain H1 status. Yes, the GC application and status will not be affected even if you use EAD or AP after I-140. The fix will allow you to change employer using EAD after I-140 and file I-485 from another employer.

Thanks for clarification and for all the hard work IV core has put into this effort. Kudos!

ameychaugule
11-23-2014, 04:07 PM
Speaking of bills in Congress, my understanding was that HR 3012 died because the Senate was opposed to a "piecemeal" reform. Are there any chances of its revival in this Congress?

shyamps
11-23-2014, 07:49 PM
These groups will try to change the law in the next bill. And immigrants and US workers will have to defend such change.

All the provisions/fixes done by Executive order on sound legal ground and cannot be challenged in terms of legality. But watch-out for the bills in next Congress. And please don't be fooled by the broad support for legal immigration from both parties because details matter and most of these changes are very nuanced and technical, and the companies have been successful in selling crap wrapped in glassy paper. And the proof is - the current immigration backlog.


In Democracy, Power lies with those who participate and advocate for changes. IV, Thank you for your hard work and thank you for showing us the way IV.

sg27
11-23-2014, 09:22 PM
Question 1:
IV said that the system will allow filing Adjustment of Status when the visa number if no available. But there is no mention of this on USCIS Website (http://www.uscis.gov/immigrationaction)

Answer 1:
Filing Adjustment of Status when the visa number is not available will require change in regulation. That is why this is not part of what is not available online, but we believe that it will be soon. Every fix that is being made has not been fully announced. IV have been advocating for this change since 2006.


Understand that IV has been advocating this change for long - which is well appreciated and praised. BUT isn't it weird that a change that been made has no official record or announcement published widely. Pls note that I am not doubting IV and don't start blasting me for it or for being not knowledgeable. I hope you consider this as a valid and reasonable question from people who have been in suffering mode from long.

Also, any idea when the proposed rule is expected to be published in the federal register, if at all?

deven
11-23-2014, 10:04 PM
Do they plan to give 3 year EAD increments for future EAD applications instead of current 1 or 2 year EAD's?

Administrator2
11-23-2014, 10:05 PM
Hi,

Is there any discussion around (or possibility of) bringing priority dates current while rule making is under process? I saw that was one of IV's ask list.

When DACA was announced in 2012, applicants were allowed to file for EAD within 2 months of announcement. Was there some special rule making or shortcut used at that time?

Thanks,
Tarang

Thanks Tarang. Since filing I-485 filing willing be worked upon, so as we understand the DHS has decided not to make VB current. Although, given a choice, it is better to have the ability to file when the visa number is not available as one can file I-485 as soon as I-140 is approved. For the proposal to make VB current, it would have been current only 1 month in an year, so everyone would have had to wait for the specific month in any year, which is far less effective than the fix to allow filing adjustment of status. This fix may take a few months, but in the long run it will work a lot better.

Please lets be mature and not try to draw parity with DACA kids. DACA kids had nothing else. You have valid status and you are employed. There is no bigger proponent of EB immigration as IV. But even we in IV feel that the more we work on immigration issues, meet with others working on the issue of undocumented and listen to their horrific stories, the more it feels to us that any attempt to compare or draw parity with undocumented is insensitive and not mature. I understand it might be hard for some folks here to understand this concept because you mostly deal with your own daily difficulties and usually don't find time to see the world through the prizm of others going through horrific experiences. But if you experience the pain of the undocumented, you will realize that what we go though is probably a small fraction what undocumented have to go though.

Administrator2
11-23-2014, 10:10 PM
Speaking of bills in Congress, my understanding was that HR 3012 died because the Senate was opposed to a "piecemeal" reform. Are there any chances of its revival in this Congress?

This thread is specifically for sharing questions and providing clarifications for the Executive Order. Feel free to start another thread if you would like to discuss HR3012. Yes, there is a very good chance that a standalone per-country bill will come back, but it depends on the participation of larger membership. Again, participation doesn't mean posting useless messages over online forums or starting online petitions or listening of self-promoting lawyers who have no clue about what is going on. All that is pure waste of time. Participation means calling the local office of your member of Congress/Senate and setup and appointment to meet with the staff to discuss green card backlogs and explain necessity to remove per-country limits

Administrator2
11-23-2014, 10:13 PM
Do they plan to give 3 year EAD increments for future EAD applications instead of current 1 or 2 year EAD's?

Do not yet know answer to this question. We will collect all the questions for which already do not have answers and we will the decision makers.

pmysore
11-23-2014, 10:19 PM
A couple of clarifications from the Administrator would be appreciated.

In Aman's previous email, there was a bullet point about labor process not needed to be restarted if the applicant has changed a job if the process has moved past a certain stage. Could you elaborate on this point please w.r.t this provision would be included as part of the E.O. and other information if any?

Additionally, in one of your previous posts in this thread, you have indicated that if an applicant has an approved I140 but has changed jobs, they would probably not be able to apply for EAD since it is not retroactive. Not foretelling anything, but if the purpose of the EO is to improve job mobility, wouldn't the "bad" companies prevent the purpose by not filing for EAD after I140 for employees until they have been there for some years? From the employee perspective, it would make more sense sticking on the company rather than go to another company and restart the labor process (if the answer to my previous question about labor process restarting is negative) which would take years.

Thank you so much for your hard work.

Benefits of your work are being enjoyed by thousands.

Administrator2
11-23-2014, 10:27 PM
Understand that IV has been advocating this change for long - which is well appreciated and praised. BUT isn't it weird that a change that been made has no official record or announcement published widely. Pls note that I am not doubting IV and don't start blasting me for it or for being not knowledgeable. I hope you consider this as a valid and reasonable question from people who have been in suffering mode from long.

Also, any idea when the proposed rule is expected to be published in the federal register, if at all?

Ok, and your question is? Or you just have a comment that it it "weird" and then pick a fight? As we tried to explain earlier, the process is still unfolding and everything is not yet in the public domain. Just FYI, there is a world beyond what you know.

If you think this is "weird" then you can believe that this change will not happen. And you can go your way. You don't have to read what we have to say. Don't you think it is weird to expect us to answer the same question over and over again. We are sharing what will happen based on WH briefing. It hasn't happened yet, but it will. And that is what we are sharing. But some folks think they are too smart - "weird"?

If some scamster lawyer will give useless "predictions" you will happily take that as the word of gospel without a shred of a doubt. But you will find it "weird" when we are sharing something that will happen in the near future, even when we are telling you that the source of the information being WH briefing. I have no desire to convince you or anyone else. You can believe that you want to believe.

No matter how long you are waiting, we don't consider this as a valid and reasonable question because you did not even ask any question?

You can go your way considering that no such rule will ever be published in any federal register.

Administrator2
11-23-2014, 10:43 PM
A couple of clarifications from the Administrator would be appreciated.

In Aman's previous email, there was a bullet point about labor process not needed to be restarted if the applicant has changed a job if the process has moved past a certain stage. Could you elaborate on this point please w.r.t this provision would be included as part of the E.O. and other information if any?

Additionally, in one of your previous posts in this thread, you have indicated that if an applicant has an approved I140 but has changed jobs, they would probably not be able to apply for EAD since it is not retroactive. Not foretelling anything, but if the purpose of the EO is to improve job mobility, wouldn't the "bad" companies prevent the purpose by not filing for EAD after I140 for employees until they have been there for some years? From the employee perspective, it would make more sense sticking on the company rather than go to another company and restart the labor process (if the answer to my previous question about labor process restarting is negative) which would take years.

Thank you so much for your hard work.

Benefits of your work are being enjoyed by thousands.

Thank you, these are both good questions.

At this moment, we believe that the job portability will kick-in after I-140 approval. That is, if your I140 is approved, you will be able to change employer and file I485 through another employer. I485 is filed by immigrant and you only need a letter from your employer (whosoever that employer is at that time) that they continue to support your on-going green card petition. We have shared what we know and we are also awaiting more specific details as they are still being worked on by DHS.

Regarding not being able to apply "retroactively" that response was for a specific situation question. Say if someone had I-140 approved from an employer but that person changed employer in 2011 and is now working for another employer since 2011. Such employee will not be able to take the benefit of old I-140 because that petition was already abandoned long before (in 2011) when this change will come into effect.

But if you have approved I-140 and you decide to change employer after this new rule kicks-in, then you will be able to able to use it to continue with your on-going GC process when you change your employer.

Also, you will be able to apply for your own EAD and AP after I140. You will not have to depend upon your employer to file EAD and AP. So you will have all the control of when and how to apply. It will be similar to the current process to EAD and AP after I-485 under the current system where you do not need your employer to file the paperwork. You don't even need a lawyer to file EAD and AP. The current process to file EAD and AP is so simple that you can do it yourself.

Hope this clarifies.

sachuin23
11-23-2014, 11:04 PM
Thank you, these are both good questions.

At this moment, we believe that the job portability will kick-in after I-140 approval. That is, if your I140 is approved, you will be able to change employer and file I485 through another employer. I485 is filed by immigrant and you only need a letter from your employer (whosoever that employer is at that time) that they continue to support your on-going green card petition. We have shared what we know and we are also awaiting more specific details as they are still being worked on by DHS.

Regarding not being able to apply "retroactively" that response was for a specific situation question. Say if someone had I-140 approved from an employer but that person changed employer in 2011 and is now working for another employer since 2011. Such employee will not be able to take the benefit of old I-140 because that petition was already abandoned long before (in 2011) when this change will come into effect.

But if you have approved I-140 and you decide to change employer after this new rule kicks-in, then you will be able to able to use it to continue with your on-going GC process when you change your employer.

Also, you will be able to apply for your own EAD and AP after I140. You will not have to depend upon your employer to file EAD and AP. So you will have all the control of when and how to apply. It will be similar to the current process to EAD and AP after I-485 under the current system where you do not need your employer to file the paperwork. You don't even need a lawyer to file EAD and AP. The current process to file EAD and AP is so simple that you can do it yourself.

Hope this clarifies.


Thanks Aman for clarification. My question regarding I-140 EAD was related to the scenario you explained. There are folks around who have moved jobs in last few years and are currently working for another employer or moved to another location with a the same employer. Most of them have used their approved I-140 from previous employer to file for H1B extension.They have either their PERM pending or in process of being filed with the new employer. It was not clear if the approved I-140 from previous employment , but for an applicant currently working for another employer, can suffice requirement for filing for an EAD.

My understanding from your above response is that it would be possible. Only in the situations where I-140 has been abandoned by applicant ( by either moving out of US or moving to some other non EB visa) EAD can not be applied for. Please let me know if this understanding is correct.

pmysore
11-23-2014, 11:07 PM
Makes sense. Appreciate the prompt reply.

sachuin23
11-23-2014, 11:08 PM
Thanks Aman for clarification. My question regarding I-140 EAD was related to the scenario you explained. There are folks around who have moved jobs in last few years and are currently working for another employer or moved to another location with a the same employer. Most of them have used their approved I-140 from previous employer to file for H1B extension.They have either their PERM pending or in process of being filed with the new employer. It was not clear if the approved I-140 from previous employment , but for an applicant currently working for another employer, can suffice requirement for filing for an EAD.

My understanding from your above response is that it would be possible. Only in the situations where I-140 has been abandoned by applicant ( by either moving out of US or moving to some other non EB visa) EAD can not be applied for. Please let me know if this understanding is correct.

Never mind, I re-read your explanation and it looks like my understanding was incorrect. Previously approved I-140 would not be eligible for EAD if applicant has changed jobs. Those applicants would have to wait for their PERM approval and file fresh I-140 for EAD. However, they can use that EAD for any future job change.

Tarang
11-23-2014, 11:18 PM
Thanks Tarang. Since filing I-485 filing willing be worked upon, so as we understand the DHS has decided not to make VB current. Although, given a choice, it is better to have the ability to file when the visa number is not available as one can file I-485 as soon as I-140 is approved. For the proposal to make VB current, it would have been current only 1 month in an year, so everyone would have had to wait for the specific month in any year, which is far less effective than the fix to allow filing adjustment of status. This fix may take a few months, but in the long run it will work a lot better.

Please lets be mature and not try to draw parity with DACA kids. DACA kids had nothing else. You have valid status and you are employed. There is no bigger proponent of EB immigration as IV. But even we in IV feel that the more we work on immigration issues, meet with others working on the issue of undocumented and listen to their horrific stories, the more it feels to us that any attempt to compare or draw parity with undocumented is insensitive and not mature. I understand it might be hard for some folks here to understand this concept because you mostly deal with your own daily difficulties and usually don't find time to see the world through the prizm of others going through horrific experiences. But if you experience the pain of the undocumented, you will realize that what we go though is probably a small fraction what undocumented have to go though.

Thanks for your response. I was not trying to compare our situation with DACA kids, i was just trying to point out example of rule making in the past where govt agencies completed that work much quicker than the normal timeline.

Administrator2
11-23-2014, 11:28 PM
Thanks for your response. I was not trying to compare our situation with DACA kids, i was just trying to point out example of rule making in the past where govt agencies completed that work much quicker than the normal timeline.

Totally understand. And the policy makers have assured that this since rule making is a priority for the Administration, it would take comparatively less time. We are in this together hoping for quick implementation.

legalimmi11
11-23-2014, 11:30 PM
First of all thanks much for your efforts on these changes and clarifying doubts.

I have some follow up questions on Job portability after I-140 which means that we will not have to restart green card process with new employer.

1. Is this a different provision than allowing AOS after approved I-140. If it is a separate point then can it be done quickly with memo or this change will be done by rule making?

2. Is Same or Similar Occupation Classification change applicable to this rule? Can i change a job in higher role and don't need to restart the perm and I-140 again and continue my GC process with old 140 (Assuming that I can't file AOS and cant get the EAD/AP as of now)?

Administrator2
11-23-2014, 11:40 PM
Never mind, I re-read your explanation and it looks like my understanding was incorrect. Previously approved I-140 would not be eligible for EAD if applicant has changed jobs. Those applicants would have to wait for their PERM approval and file fresh I-140 for EAD. However, they can use that EAD for any future job change.

Yes that is correct. Although, this analysis is based on series of discussions with policy makers over past several months. So we'd say that lets wait for the final rule notification/memo etc. No one can tell ahead of time for certain about the finer details of these rules. And please save yourself from not depending on any immigration lawyer website to look for answers because NO immigration lawyer was part of any of these discussions and we don't think they have any clue what happened or what will happen. In the coming weeks, as folks will be looking for answers, some usual suspects will start posting "inside information" ;-) on their websites, and in our experience most of this information is not true.

We would suggest that you save yourself time and not waste time on reading mostly useless discussions over online forums. When the information will be released you will for sure know and we will also send newsletter. If we know something sooner, and we are able to share that information, then we will for sure let you know.

sachuin23
11-23-2014, 11:47 PM
Yes that is correct. Although, this analysis is based on series of discussions with policy makers over past several months. So we'd say that lets wait for the final rule notification/memo etc. No one can tell ahead of time for certain about the finer details of these rules. And please save yourself from not depending on any immigration lawyer website to look for answers because NO immigration lawyer was part of any of these discussions and we don't think they have any clue what happened or what will happen. In the coming weeks, as folks will be looking for answers, some usual suspects will start posting "inside information" ;-) on their websites, and in our experience most of this information is not true.

We would suggest that you save yourself time and not waste time on reading mostly useless discussions over online forums. When the information will be released you will for sure know and we will also send newsletter. If we know something sooner, and we are able to share that information, then we will for sure let you know.

Thanks for the clarification and your prompt response. I have been involved with IV for long enough to understand forums and lawyers advertising "insider information". Thank you for your dedication and selfless effort towards this mile stone. I know personally that without the effort IV put behind scenes, situation would have been much different.

Administrator2
11-24-2014, 12:05 AM
First of all thanks much for your efforts on these changes and clarifying doubts.

I have some follow up questions on Job portability after I-140 which means that we will not have to restart green card process with new employer.

1. Is this a different provision than allowing AOS after approved I-140. If it is a separate point then can it be done quickly with memo or this change will be done by rule making?

2. Is Same or Similar Occupation Classification change applicable to this rule? Can i change a job in higher role and don't need to restart the perm and I-140 again and continue my GC process with old 140 (Assuming that I can't file AOS and cant get the EAD/AP as of now)?

1.) Yes this is a different / additional provision. If I remember correctly, this will require regulation because it requires removing the rule that currently allow employer to revoke I-140. The new regulation change will ensure that (mostly scrupulous ) employers will not be able to revoke I-140 so this can not longer be used as employee retention tool.

2.) 'Same or similar occupation classification' is applicable after applying I-485. But it seems that the similar job portability will be made after I-140 approval as well. This job portability will allow changing jobs that allow natural progression in the profession so one is not stagnant in the same job/employer. Once this will be out, you will be able to change job and take higher role without having to restart GC process. So we would suggest that you might want to hold-off changing employer until after all the regs are final.

I looked up my notes, it was also shared that all Regulations will be out by Spring of 2015 and the goal is to get it all done by May/June timeframe.

EAD for H-4 final regulation will be done in Dec/Jan.

Administrator2
11-24-2014, 12:08 AM
OPT Questions
There will be change of rules for students that will require strengthening of the relationship between student and University during OPT period. Because OPT is training, the student will be required to report back some information back to University even after leaving the university during the OPT period.

OPT extension process will require rule making/regulation. Currently STEM OPT could be for 29 months. At this it is not clear what will be the new length of OPT. Some speculation is that it might go up to 56 months for STEM OPT.

Administrator2
11-24-2014, 12:12 AM
Trusted employer related Question
There will be some process for H1/L1 trusted employers, mostly for large tech companies. This will be covered in Presidential Memorandum that is yet to be announced.

Administrator2
11-24-2014, 12:19 AM
Recapture

There will be some mention of the possibility of recapture in the Presidential Memorandum (PM). This DOES NOT mean that recapture is getting done. It just means that to keep the process open (not to shut the doors) and for future discussion, PM will contain some language that will suggest further exploring it and it will be upon advocates/companies to lift it.

Based on what we know, in-spite of all the media articles, we believe that behind the scenes companies are mostly giving lip service to recapture as it seems that their primary focus is to get more workers, by any means, including longer OPT, EAD fo H-4, get L-1 guidelines etc.

legalimmi11
11-24-2014, 12:19 AM
Thank you for clarification and prompt response.

1.) Yes this is a different / additional provision. If I remember correctly, this will require regulation because it requires removing the rule that currently allow employer to revoke I-140. The new regulation change will ensure that (mostly scrupulous ) employers will not be able to revoke I-140 so this can not longer be used as employee retention tool.

2.) 'Same or similar occupation classification' is applicable after applying I-485. But it seems that the similar job portability will be made after I-140 approval as well. This job portability will allow changing jobs that allow natural progression in the profession so one is not stagnant in the same job/employer. Once this will be out, you will be able to change job and take higher role without having to restart GC process. So we would suggest that you might want to hold-off changing employer until after all the regs are final.

I looked up my notes, it was also shared that all Regulations will be out by Spring of 2015 and the goal is to get it all done by May/June timeframe.

EAD for H-4 final regulation will be done in Dec/Jan.

Administrator2
11-24-2014, 12:23 AM
STEM

More categories will be included into the definition of STEM. MBA with bachelors in STEM will be considered as STEM. Not sure yet if this is done by regulation or memo. Will check.

Administrator2
11-24-2014, 12:24 AM
Dual Intent on F-1

It could be part of PM

Administrator2
11-24-2014, 12:26 AM
EB-2 NIW

Startup company owners and entrepreneurs will be able to file in EB-2 NIW category.

There will be a parole program for entrepreneurs.

Administrator2
11-24-2014, 12:29 AM
Definition of non-profit for counting H-1 visa number

There will be more clarification with who/which entity qualify for 20K non-profit category H1s. If there is a partnership between University-company, anyone hired for that project will be counted towards 20K visas (and not 65K H1 visas).

Administrator2
11-24-2014, 12:31 AM
And there are some more provisions. But non of these are announced yet. But they will be in coming weeks/months.

rupen
11-24-2014, 12:31 AM
There are very good questions and answers in this thread..Learned number of things

Tarang
11-24-2014, 07:54 AM
Currently one has to wait six months to change employers after filing AOS. Do you think that wait will go away in future pre-registration process?

Thanks,
Tarang

Administrator2
11-24-2014, 10:23 AM
Currently one has to wait six months to change employers after filing AOS. Do you think that wait will go away in future pre-registration process?

Thanks,
Tarang


Couple of things - Early filing/Pre-registration/Filing AOS after I-140 approval are labels to the same fix which allows an applicant to file for I-485 immediately after approval of I-140.

The wait of 6 months after filing AOS will stay as it is codified in the law. But under the new system one might be able to apply for EAD and AP immediately after approval of I-140 and change employer after getting EAD. We will clarify the timing soon.

Thanks for asking this question. This is good. We will create a list of all the questions and ask the right folks to get you more accurate response so you could better prepare for your future.

Keep positing similar and relevant questions.

swamy
11-24-2014, 10:25 AM
This is just outstanding and fantastic work!

shyamps
11-24-2014, 10:35 AM
Currently one has to wait six months to change employers after filing AOS. Do you think that wait will go away in future pre-registration process?

Thanks,
Tarang

IV Admin,

I think this is a useful and important question for a number of immigrants stuck in the green card backlog who already have an approved I-140, but have been waiting for many years to just to apply for AOS. It will be helpful if you can give us some guidance on this whenever you receive feedback on this issue.

Thanks for all your efforts,
-Shyam

swamy
11-24-2014, 10:41 AM
Todays job functions are so much more fluid than even 5 years ago. When two departments get merged and expectations increase or ones role grows into overseeing multiple functions, the similar should still be able to recognize and acknowledge that. Hopefully when the language comes out, the intent in allowing 'flexibility' is recognized to its fullest extent keeping in mind 6 months itself is long so 6 years and beyond, spanning 3 congressional sessions and possibly two presidents is way longer!

Also, there has to be strict criteria for multiple RFEs in the same category. Mere passing of time and other itches of the staff should not trigger these. Unless there's a big security issue or some such, beyond 4 or 5 years issuing the same RFE should practically be prohibited in their work process.

spicy_guy
11-24-2014, 10:42 AM
Outstanding commitment by IV! Proud to be part of. Thanks all.

One quick question... I know this is of least priority/interest. However, just wanted to check on it.

For people who filed 485 and been waiting for Visa numbers: Any plan on cards, or at least an intent to consider counting this time for Citizenship eligibility?

swamy
11-24-2014, 10:45 AM
even congress in its infinite wisdom acknowledged 6 months as being long so ten times that or beyond even negative IQ folks would be in 100+ territory contributing & adding value in so many different ways.

sengs
11-24-2014, 11:18 AM
EAD for H-4 final regulation will be done in Dec/Jan.

Dear Admin,

Can you please show some light on this? Does this mean that this provision will become effective in Dec/Jan, and an H4 can apply for the EAD soon after? Or does it mean that after Dec/Jan, USCIS will issue final directive for the provision to come into effect in the future?

Thanks again for all you've done for us.

Shrekpal
11-24-2014, 12:00 PM
Hello Admin,

With these new rule changes there is a high chance of porting EAD's. i.e People will be able to shift between EAD's
1. L2 EAD to H4 EAD
2. H4 EAD to i140 EAD
3. L2 EAD to i140 EAD

Will these be done seamlessly like a change of status application or will these have to be a break with the current EAD and apply for a new EAD.

I read that there will be a 240 day rule for EAD renewals. Will that apply to these cases as well ?

Thanks for answering so many questions.

sg27
11-24-2014, 12:23 PM
Ok, and your question is? Or you just have a comment that it it "weird" and then pick a fight? As we tried to explain earlier, the process is still unfolding and everything is not yet in the public domain. Just FYI, there is a world beyond what you know.

If you think this is "weird" then you can believe that this change will not happen. And you can go your way. You don't have to read what we have to say. Don't you think it is weird to expect us to answer the same question over and over again. We are sharing what will happen based on WH briefing. It hasn't happened yet, but it will. And that is what we are sharing. But some folks think they are too smart - "weird"?

If some scamster lawyer will give useless "predictions" you will happily take that as the word of gospel without a shred of a doubt. But you will find it "weird" when we are sharing something that will happen in the near future, even when we are telling you that the source of the information being WH briefing. I have no desire to convince you or anyone else. You can believe that you want to believe.

No matter how long you are waiting, we don't consider this as a valid and reasonable question because you did not even ask any question?

You can go your way considering that no such rule will ever be published in any federal register.

Well, I don't know what makes you think there is no question :). I am repeating my question again - Does IV know or has any idea about the timeline of the I-485 pre-registration proposed rule? OR is it only at the high level right now?

And to my point of "weird" - I am questioning the process as anybody would who is new to the process. and I am not saying I know it all, neither do you. If I don't know anything, it simply comes out as a question - which you treated like this (again I am not pointing fingers at anyone but disappointed by the way it is treated like this when we are trying to build a community).

As expected - you did not answer my question and kept on saying things here and there in an effort to prove that people who don't agree with you or raises question doesn't know anything as has always been the case on this forum. No one is questioning the efforts that IV has put for years, but in my mind - it is not a trait of a team player or a leader to show people down when trying to build a community. You can again write a lengthy reply to this instead of answering my question but it is just my opinion.

Have a good day!

imh1b
11-24-2014, 12:49 PM
Well, I don't know what makes you think there is no question :). I am repeating my question again - Does IV know or has any idea about the timeline of the I-485 pre-registration proposed rule? OR is it only at the high level right now?

And to my point of "weird" - I am questioning the process as anybody would who is new to the process. and I am not saying I know it all, neither do you. If I don't know anything, it simply comes out as a question - which you treated like this (again I am not pointing fingers at anyone but disappointed by the way it is treated like this when we are trying to build a community).

As expected - you did not answer my question and kept on saying things here and there in an effort to prove that people who don't agree with you or raises question doesn't know anything as has always been the case on this forum. No one is questioning the efforts that IV has put for years, but in my mind - it is not a trait of a team player or a leader to show people down when trying to build a community. You can again write a lengthy reply to this instead of answering my question but it is just my opinion.

Have a good day!

I think you are again posting offensive post again. Previously you tried to provoke IV admin and now again you are hurling your vomit by claiming they are not leaders and that they do not know Immigration law like you.

Who the hell are you?
Can't you just be happy with the fact that someone is taking time away from actual meetings with officials and job and answering so many people's intelligent and foolish people's questions for FREE? How much have you contributed in the last few days? How much have you contributed in the last 4 years you have been a member? Have you ever done advocacy days?

If you think IV admin does not know Immigration law, why are you asking the question here? Why don't you you go and ask this question to your stupid lawyer. And maybe he will charge you money as well to answer you. IV leadership has much better skills than your sorry self rotting in greencard backlog and still incapable to standing up for himself and raise the voice. People like you lurk in the dark crevices of cubicle and think they are smarter than everyone else because they are this great 'legal' immigrant with degrees and working for some top company. If you are so great why are you rotting for so many years?

I request admin to only answer people with sincere questions. There are many idiots around. And the reason why it took 9 years to come up with some sensible reforms is because of such idiots who could not stand up for themselves. I would request you not to waste time and focus on getting the reforms done sooner now. That should be the priority.

neodyn55
11-24-2014, 01:52 PM
Hello Admin,

I want to pull on the EAD after I-140 thread for a bit. Is there a reason this is not retroactive? As a naive layman, it seems to me that if a non-revoked I-140 prior to 2014, can be used for H1-B 3 year extensions, infinitely (till being revoked), then using the same for an EAD under any new rule isn't out of the question.

I was curious about your "abandoned" definition a few posts earlier. Is an I-140 considered abandoned by an employee if he changes jobs without filing I-485, even if the filing employer has not revoked it? My understanding is that the I-140 is for a future job position - if the employee goes back to the employer (for the specified future position) then there's no need to go throughout the PERM process again - the employee can directly move on to I-485 (if dates are current, of course)

In summary:

Previous, unrevoked I-140 petitions can be used for:
- Infinitely extending H1B in 3 year increments
- As a basis for I-485 if the employee choses to return to the filing company

So why not as basis for getting the pre-registration EAD as well?

gaurav77
11-24-2014, 03:04 PM
Here is my monthly recurring contribution of $50.

Subscription # S-5UX11504LT278603K
Transaction ID # 9CH50766M9686022K

IV is the only organized front we have to support our cause. Its our only hope. Lets do our best to keep it adequately funded, and follow its advocacy guidelines. Think about what you might be ready to spend on lawyers to get a GC.

Please lets all contribute. Every bit would go a long way in strengthening our cause. Remember as Aman said, the tech firm lobbyists just want more H1B indentured employees, and they might want Congress to revert this EO by legislation. We need to out compete that lobby.

Lets contribute and strengthen IV!

dipdowndust
11-24-2014, 03:27 PM
I filed my 485 in 2007 when all dates became current and got EAD/AP. I got married after this event and therefore my wife does not have EAD/AP. I am currently not working with the company from which I got my I-140 approved. Currently I am on H1B and thats because to have H-4 status for my spouse. My priority date never became current after 2007 so I never got chance to add my spouse. Given above details my question is :

Can I re-file I-485 and add my spouse to my GC application ?

I really thank IV for this huge win. I have been part of advocacy event once and I know how much work goes in planning such events. There are lot of people who are involved night and day to make these things happen. People who have never taken part in this event I strongly urge you guys to be part of it atleast once and talk to your friends about this event.

mightywait
11-24-2014, 04:57 PM
First of all thank you IV for all your efforts and congrats to all those who are going to benefit from EO.

Also this thread is fantastic and clears so much of the confusion that has been created over the last couple of days. Greatly Appreciated.

I have a question myself.
Can a H1B holder apply for EAD for H4 if the spouse has an approved I-140 or extended beyond 6 years? Must that person first convert to H4 before applying for EAD(for H4). I know it is too early to have all the details, but wanted to check if IV has any idea about it?

Thank you once again.

priyank2101
11-24-2014, 05:00 PM
Thanks a lot for starting this thread. I have some doubts about employment based EAD.

1. What is AP?
2. Do we need to be constantly employed to be in EAD status? What happens in a situation where someone gets laid off in that status?
3. Does employment based EAD allow us to start our own business?

Thanks in advance!

spicy_guy
11-24-2014, 05:13 PM
Thanks a lot for starting this thread. I have some doubts about employment based EAD.

1. What is AP?
2. Do we need to be constantly employed to be in EAD status? What happens in a situation where someone gets laid off in that status?
3. Does employment based EAD allow us to start our own business?

Thanks in advance!

1. Advance Parole. Once leave your H1 status, for international Travel you need AP. If you have no plans to go out of the country, you do NOT need AP.
2. Yes. However, there are other provisions that protect your unemployment (just in case). I am not 100% sure on this. In any case, you must be employed when your case is being adjudicated. Seniors may correct, if any.
3. You can.

shyamps
11-24-2014, 08:29 PM
Can IV let us know if there is anything we can do as members while we wait for the EO provisions to take effect. Should we be contacting our Congressmen and senators and letting them know how important EO provisions are for us and how it will help us if they take effect sooner, etc... Will that help? :confused:

Please give us some guidance.

smunmun
11-24-2014, 08:39 PM
Originally Posted by Sachuin23:
2. Lot of folks have moved jobs after their I-140 has been approved.Would administration consider any previously filed and approved i-140 for purposes of giving an EAD or the one attached to current job of the applicant.
IV reply : Not sure of this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.
My question : Could you please advise a timeline by when DHS will answer this question?

Administrator2
11-24-2014, 08:42 PM
In case you have not already seen, here is the Presidential Memorandum for Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century

http://immigrationvoice.org/media/2014immigrantvisa.mem.rel.pdf

Administrator2
11-24-2014, 08:43 PM
Originally Posted by Sachuin23:
2. Lot of folks have moved jobs after their I-140 has been approved.Would administration consider any previously filed and approved i-140 for purposes of giving an EAD or the one attached to current job of the applicant.
IV reply : Not sure of this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.
My question : Could you please advise a timeline by when DHS will answer this question?

Thanks for bumping this up. This is already listed at the top of the list of questions.

rupen
11-24-2014, 09:31 PM
Originally Posted by Sachuin23:
2. Lot of folks have moved jobs after their I-140 has been approved.Would administration consider any previously filed and approved i-140 for purposes of giving an EAD or the one attached to current job of the applicant.
IV reply : Not sure of this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.
My question : Could you please advise a timeline by when DHS will answer this question?

I think most important thing right now is to donate so that there is enough funding available to lobby for faster implementation of this

Administrator2
11-24-2014, 09:32 PM
Here are a few more questions we have received. We will continue to respond and share information as we are able:


What the details on the expansion are for OPT and changes to L1? Folks in our community are affected by these and little details exist.

How is “same or similar” being defined by the new EO? Is this implemented just based on issuing a memo or does it require rule making? What is the time-frame we are expecting for this?

Porting of green card application across employers - how will it work? Rule-making or memo? Time-frame?

Filing AOS process for getting EAD/AP after getting approved 140 - details and time frame.

Sharing of GC paperwork with employees - any updates on this and time frame for implementation?

EAD/AP for H4 dependents - expected time-frame?

Can future president override our provisions?

What is expected from the OPT reforms? Does it means longer OPT or EAD after OPT or what exactly will be the form and shape of this order and time-frame for being implemented? Also does it also allows people in H1 and OPT to set up their own enterprises and work for it? Another question, if OPT is for more months or EAD given (if H1 doesn't get through lottery) then can they go to their respective home country to get the visa stamped?

What are the chances/potential for the President's EO changes being blocked by a Republican controlled Congress starting January 1st 2015.

There is no mention of ' Adjustment of status' in DHS memo http://www.dhs.gov/.../14_1120_memo_business_actions.pdf
Should we expect another memo from DHS about same?

Will the AOS rule be proposed or interim? This was one of the questions asked to me.

What is the distinction between H-4 getting EAD and file AOS. Aren't these arriving at the same end result? A distinction between these two provisions will be helpful. This one came up thrice today in our community

Details about Auto extension of EAD/AP. When and how?

Somebody who has cleared I140, if he joins a new Job in the same EB category(assuming the AOS rule is still in the making ) does he has to do labor and I-140 again with the new employer?

If somebody in EB category get 485 denial but he/she has US citizen kid, what will happen to those parents?

If somebody is changing job with I-140 approved already, he/she doesn't have to restart the process if he is moving in same EB category only. If he/she wants to file in EB2 in new company then does he/she needs to restart the whole process as we are doing now?

What is the probability of the EO being reversed, by the House or by a next President?

What does Visa Modernization means in Section 1 part (ii)? Is it referring to Visa Recapture after 120 days?

What is Executive Action and what is Regulatory Action?

The previous EAD-for-H4 proposal was for those in the sixth year, have 140 approved etc. Is this still true? Or is EAD-for-H4 now valid for ALL?

mallina
11-25-2014, 12:34 PM
Dear IV Team - A huge thanks for all the efforts here.

As the H4 EAD rule is being finalized, can you kindly request the administration for the ability to change from OPT EAD to H4 EAD without interruption in the work authorization.

To give you my situation - My wife is currently on an OPT EAD that will be expiring by March. She has a full time position with a well reputed organization which also filed for her H1 last year but she lost in the lottery. Said that, her only option right now is to utilize this H4 EAD as I already have an approved I140. Not knowing what OPT extensions are coming up, we could utilize this H4 EAD provision but that will not help retain her full time role unless she has the ability to convert from her current F1 EAD to H4 EAD without interruption in the work authorization. Any help towards this is really appreciated and I am sure there are many others out there in similiar situation.

spicy_guy
11-25-2014, 12:40 PM
Whew! Lot of questions to materialize... I posted this one in this thread before. Posting it again.. (Least priority, though :-D )

"
One quick question... I know this is of least priority/interest. However, just wanted to check on it.

For people who filed 485 and been waiting for Visa numbers: Any plan on cards, or at least an intent to consider counting this time for Citizenship eligibility?
"

swamy
11-25-2014, 01:57 PM
can we get 4 or 5 year EAD/APs or atleast parity with the proposed 3 Year EAD/AP being mentioned for DACA?

babbu9
11-25-2014, 07:24 PM
Dear IV
Thank you for the consistent and dedicated effort in championing immigration reform. It is still unclear to me and many in the community what the executive order is and what changes are being brought about as a result. It would be great if you could summarize the key aspects of the employment based immigration reform that is inprocess so that there is a single point of reference for all information, rather than having multiple people ask the same questions over and over in your FAQs.

I am currently on EB2 and have an approved I140. What changes are being made for the EB category and when and how will they impact my GC process. Please inform.

Thanks

bennyd20
12-01-2014, 01:01 PM
I have a question regarding future employment based green card.

I work for employer A and if employer B files my GC. What will happen after Labor and I-140 approval?

Can I apply for EAD and continue working for A?
Or I need to quit A and join B?

I am a bit confused.

Thanks!

atulprakash
12-02-2014, 01:53 PM
I have read about the fixes but I am not sure as to when will these items such as H-4 EAD and EAD and AP for I-140 approved candidates be available for application by eligible candidates?

pcs
12-04-2014, 01:49 PM
I am posting after a long time. Very glad to see the trees we planted in 2005 are bearing fruit in 2014.

good luck guys and keep pushing..

2008candid
12-04-2014, 09:25 PM
Looks like EB3 applicants are not going to get any relief.

Employment-Based Immigration: Second Preference EB-2 | USCIS (http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2)

vs

Employment-Based Immigration: Third Preference EB-3 | USCIS (http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3)

imh1b
12-04-2014, 10:47 PM
Looks like EB3 applicants are not going to get any relief.

Employment-Based Immigration: Second Preference EB-2 | USCIS (http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2)

vs

Employment-Based Immigration: Third Preference EB-3 | USCIS (http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3)

You don't know what you are talking about. Or you are just trying to create a sensational headline out of nothing. I seriously doubt your education credentials. By posting eligibility criteria for eb3 and eb2 you are making a claim. People are not fools here. You need to spend some more time on immigration matters and understand.
You maybe a genuinely innocent person and if that is the case be aware quickly. Your employer could exploit you if you do not have any understanding of immigration matters.

prince_nagi@yahoo.com
12-04-2014, 11:53 PM
Here are a few more questions we have received. We will continue to respond and share information as we are able:


What the details on the expansion are for OPT and changes to L1? Folks in our community are affected by these and little details exist.

How is “same or similar” being defined by the new EO? Is this implemented just based on issuing a memo or does it require rule making? What is the time-frame we are expecting for this?

Porting of green card application across employers - how will it work? Rule-making or memo? Time-frame?

Filing AOS process for getting EAD/AP after getting approved 140 - details and time frame.

Sharing of GC paperwork with employees - any updates on this and time frame for implementation?

EAD/AP for H4 dependents - expected time-frame?

Can future president override our provisions?

What is expected from the OPT reforms? Does it means longer OPT or EAD after OPT or what exactly will be the form and shape of this order and time-frame for being implemented? Also does it also allows people in H1 and OPT to set up their own enterprises and work for it? Another question, if OPT is for more months or EAD given (if H1 doesn't get through lottery) then can they go to their respective home country to get the visa stamped?

What are the chances/potential for the President's EO changes being blocked by a Republican controlled Congress starting January 1st 2015.

There is no mention of ' Adjustment of status' in DHS memo http://www.dhs.gov/.../14_1120_memo_business_actions.pdf
Should we expect another memo from DHS about same?

Will the AOS rule be proposed or interim? This was one of the questions asked to me.

What is the distinction between H-4 getting EAD and file AOS. Aren't these arriving at the same end result? A distinction between these two provisions will be helpful. This one came up thrice today in our community

Details about Auto extension of EAD/AP. When and how?

Somebody who has cleared I140, if he joins a new Job in the same EB category(assuming the AOS rule is still in the making ) does he has to do labor and I-140 again with the new employer?

If somebody in EB category get 485 denial but he/she has US citizen kid, what will happen to those parents?

If somebody is changing job with I-140 approved already, he/she doesn't have to restart the process if he is moving in same EB category only. If he/she wants to file in EB2 in new company then does he/she needs to restart the whole process as we are doing now?

What is the probability of the EO being reversed, by the House or by a next President?

What does Visa Modernization means in Section 1 part (ii)? Is it referring to Visa Recapture after 120 days?

What is Executive Action and what is Regulatory Action?

The previous EAD-for-H4 proposal was for those in the sixth year, have 140 approved etc. Is this still true? Or is EAD-for-H4 now valid for ALL?


IV team

Just wanted to add one more question , many of us will be due for renewal of H1 in 2015, so do we need to renew the H1 while we are waiting for EAD once the rule comes out ? what are the conditions under which we need to renew the H1 with our I 140 approved ?

2008candid
12-05-2014, 09:21 PM
You don't know what you are talking about. Or you are just trying to create a sensational headline out of nothing. I seriously doubt your education credentials. By posting eligibility criteria for eb3 and eb2 you are making a claim. People are not fools here. You need to spend some more time on immigration matters and understand.
You maybe a genuinely innocent person and if that is the case be aware quickly. Your employer could exploit you if you do not have any understanding of immigration matters.

You have some attitude problem, that't what I found from your many posts. That is not your issue, it is a nature, some people cannot change, that I am leaving to you..

My educational credentials are not very good 3 year Indian degree + some diploma, didn't get time to study further, started to work 20 years ago in computer, not sure if you saw computer that time, still not in managerial position. To be honest with you I seriously doubt if I can find a job in India, that's what I am here in EB3 queue. Last night I found above conversation in some other forum and thought people like you in IV will have good knowledge about immigration and your advice may be helpful to ignorant like me.. Please share your expert knowledge if that won't cause much stress to you..
Thank you...

Administrator2
12-07-2014, 03:29 PM
IV team

Just wanted to add one more question , many of us will be due for renewal of H1 in 2015, so do we need to renew the H1 while we are waiting for EAD once the rule comes out ? what are the conditions under which we need to renew the H1 with our I 140 approved ?

You should seek legal advice from your lawyer. If I were you I would continue to renew my H1 or any other status under the current system until the new regulations take affect and until I have new status documents per the new regulation.

greyhair
12-07-2014, 03:31 PM
You should seek legal advice from your lawyer. If I were you I would continue to renew my H1 or any other status under the current system until the new regulations take affect and until I have new status documents per the new regulation.

Is this applicable to EAD for H-4? Because earlier you said that EAD for H-4 will be done in Dec/Jan and regulations will take 6-7 months.

Administrator2
12-07-2014, 03:42 PM
Is this applicable to EAD for H-4? Because earlier you said that EAD for H-4 will be done in Dec/Jan and regulations will take 6-7 months.

What we meant to say is that you should only consider leaving (or changing) your current status when the law allows you to change to another status and you have documents to show another status, whatever that status might be.

Yes, EAD for H-4 is still expected in Dec/Jan timeframe and after the change takes effect, anyone who is eligible should apply for EAD to work. However, anyone on H-4 will continue to be on H-4 status and the status of the person will not change in spite of the EAD.

Hope this helps.

prince_nagi@yahoo.com
12-08-2014, 01:00 PM
You should seek legal advice from your lawyer. If I were you I would continue to renew my H1 or any other status under the current system until the new regulations take affect and until I have new status documents per the new regulation.

IV

Thanks for the reponse.

YouAreSoStupid
12-09-2014, 12:10 AM
IV

Thanks for the reponse.

This Immigration Executive Order is so stupid. I am a lawyer for a large company. Obama should have only increase H-1 visas. Why did he have to change all this system. It was going to well for everyone (meaning me).

greyhair
12-09-2014, 02:39 PM
This Immigration Executive Order is so stupid. I am a lawyer for a large company. Obama should have only increase H-1 visas. Why did he have to change all this system. It was going to well for everyone (meaning me).

Here comes Mr Gruber aka immigration liar

anshu
12-11-2014, 11:22 AM
What we meant to say is that you should only consider leaving (or changing) your current status when the law allows you to change to another status and you have documents to show another status, whatever that status might be.

Yes, EAD for H-4 is still expected in Dec/Jan timeframe and after the change takes effect, anyone who is eligible should apply for EAD to work. However, anyone on H-4 will continue to be on H-4 status and the status of the person will not change in spite of the EAD.

Hope this helps.
Hi admn,
Whats the different between comprehensive reform & piecemeal reform for employment base green-card, any specific major different? Because looks next year (2015) Republicans introduce piecemeal immigration reform.
thanks....

Vsach
12-12-2014, 09:46 AM
You don't know what you are talking about. Or you are just trying to create a sensational headline out of nothing. I seriously doubt your education credentials. By posting eligibility criteria for eb3 and eb2 you are making a claim. People are not fools here. You need to spend some more time on immigration matters and understand.
You maybe a genuinely innocent person and if that is the case be aware quickly. Your employer could exploit you if you do not have any understanding of immigration matters.

:confused:

Why are you so bitter in your response? Take a deep breath and be nice to people.

gc_check
12-12-2014, 05:27 PM
Not sure if this was raised. Do not know the rational behind the change in USCIS policy specific to not the extend the I-693 validity with an Administrative memo like in the past. The AOS applicants are already in the USA and they already filed I-693. Is there any option to request to review this change to policy. This is unnecessarly introducing another bump in terms of time and also costs to applicants. Can we request to consider to extent the validity to a longer time or this something we need to get used to live with if this decision was made due to some valid reasons. Does IV core have any insights into this.

Administrator2
12-14-2014, 11:14 PM
Not sure if this was raised. Do not know the rational behind the change in USCIS policy specific to not the extend the I-693 validity with an Administrative memo like in the past. The AOS applicants are already in the USA and they already filed I-693. Is there any option to request to review this change to policy. This is unnecessarly introducing another bump in terms of time and also costs to applicants. Can we request to consider to extent the validity to a longer time or this something we need to get used to live with if this decision was made due to some valid reasons. Does IV core have any insights into this.


This idea and it might have been possible if you would have brought this up a few months back. Now its done. EO was in the making for years. Now it is done. This is not the beginning, but the end of what will be in the new system now created by USICS. We will not hesitate to bring this up at the next opportunity, however, the likelihood is very slim. Please note that timing is everything.

Many months back we repeatedly requested for ideas for admin fixes from everyone. At that time, not you specifically, but folks in general, were busy taking about their LUDs, wasting time over online forums across the internet. People don't realize that wasting time online tracking other people's applications, unless speculations over movement of dates and wasteful discussions, all this yields nothing. For your own good, we request you to be connected with advocacy, provide input when requested (in a timely manner) and care for the fixing the process. This investment will lead to more fulfilling journey. Otherwise its a shame to provide good ideas after the fact.

gc_check
12-16-2014, 06:31 PM
Thanks for the updates. This particular one was officially announced only in June 2014.
USCIS Issues New Policy on Form I-693, Report of Medical Examination and Vaccination Record | USCIS (http://www.uscis.gov/news/alerts/uscis-issues-new-policy-form-i-693-report-medical-examination-and-vaccination-record)
Some of the applicants including me got RFE's for medical in late Spring/Summer and filed a response prior to this memo was released on the policy change in June 2014. Any change to this now will not benefit me or early applicants like me. But this will definitely help the future applicants.

My proposal is, if another opportunity is there to propose new ideas that might help the immigrant community, if this could be raised.

With the implementation of the Executive Orders, looking at the proposals - In the near time many might file AOS / I-485 in some form, however from what I understand and also reading IV analysis, removing dependents + re-capture relief have to come through congress via legislative reform. Unless this happens many are looking at a long wait (but better quality of life while waiting compared to what it is now via EO..) and might have to file an updated I-693 again after an RFE that could add another hurdle to jump and loss of time. Again, if CDC forced to reverse for any reasons due to various facts from historic data, then it might not be considered to extend, but if there is an option defined to file the I-693 once date is current, instead waiting till RFE might help as well.

I will support other initiatives to the extent I can. Though I agree with most IV's positions, I differ with a very few. I do understand, any initiative taken to help a group might not be 100% in sync to one individuals ideas. The broader actions while it helps many new applicants, etc.. also help ease the the backlog in EB3-I category particularly, unless a recapture or removal of dependent, nothing will have a direct impact. Given that the playing field also changing by the hour and day and the pressing issue today might not be the issue of concern tomorrow. Anything small or big that makes this process in better.

solarjf11
12-17-2014, 02:58 PM
The President’s Immigration Accountability Executive Actions & Their Impact on Asian American Immigrant Communities.

FACT SHEET: The President’s Immigration Accountability Executive Actions & Their Impact on Asian American Immigrant Communities | The White House (http://www.whitehouse.gov/the-press-office/2014/12/16/fact-sheet-president-s-immigration-accountability-executive-actions-thei)

legalimmi11
12-18-2014, 12:30 PM
IV team, Thanks for all update and education on these new rules. We all know that most of these rules will become effective after some time. But there is no clear timeline defined by administration and no way to followup on these rule making. We are hoping to see all these rules getting implemented in next 6-7 months as communicated by IV leadership.

Now, we are in a position where people are not changing jobs(even if they have to start 140 again) and want to be in status quo because of prospective new rules will help them. We all have seen the H4-EAD rule took more than 2 years to be in final stage. If the timelines keep getting extended then it will be more chaotic and helpless situation for all of us.

Is IV trying to followup in the background with administration or is there any way where everybody can help ?

Thanks..

anushka_kohli
12-18-2014, 05:05 PM
thanks IV for all your hard work. definitely it will improve situation for many people.

if there is a way to follow up then it would be great. but I guess for now we have to wait atleast for 2-3 months.

"Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications" rule has been propsed since spring 2009.

www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1615-AB82

USCIS National Stakeholder August Meeting | USCIS (http://www.uscis.gov/outreach/notes-previous-engagements/uscis-national-stakeholder-august-meeting)

I hope H4 EAD rule gets fianlized sooooon

greyhair
12-20-2014, 11:43 AM
thanks IV for all your hard work. definitely it will improve situation for many people.

if there is a way to follow up then it would be great. but I guess for now we have to wait atleast for 2-3 months.

"Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications" rule has been propsed since spring 2009.

www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1615-AB82

USCIS National Stakeholder August Meeting | USCIS (http://www.uscis.gov/outreach/notes-previous-engagements/uscis-national-stakeholder-august-meeting)

I hope H4 EAD rule gets fianlized sooooon


I remember that Admin had mentioned on a conference call that this rule is not relevant as this is from 2009 and a new rule will be posted and will be available for comments.

"Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications" rule has been propsed since spring 2009.

www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1615-AB82


On another note, some people are complaining that this executive order is not good because it will make them wait for another 2-3 months. This is weird because when someone is not able to work for years or not able to change employer for years, and all of a sudden we get the news that now we will be able to change employers or H-4 holders will be able to work in next few months, instead of being thankful to the President Obama immigrants are complaining for having to wait for another 2-3 months. Are we not a bunch of thankless people?

penguin1980
12-29-2014, 11:58 AM
DHS is seeking comments within 30 days for many regulatory changes mentioned in EO including recapturing of EB visa.

https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-30641.pdf

spinupol
12-29-2014, 01:33 PM
16. What are the most important policy and operational changes, if any, available within the
existing statutory framework to ensure that administrative policies, practices, and systems
fully and fairly allocate all of the immigrant visa numbers that Congress provided for and
intended to be issued, but were not issued in past years?

:)

Murthy
12-30-2014, 09:07 AM
DHS is seeking comments within 30 days for many regulatory changes mentioned in EO including recapturing of EB visa.

https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-30641.pdf


https://www.federalregister.gov/articles/2014/12/30/2014-30641/immigration-policy

Responses must be received by January 29, 2015 to be considered.

Hope IV core team will respond to this on behalf of IV members.

Administrator2
12-30-2014, 12:05 PM
https://www.federalregister.gov/articles/2014/12/30/2014-30641/immigration-policy

Responses must be received by January 29, 2015 to be considered.

Hope IV core team will respond to this on behalf of IV members.

Thanks, yes IV will be responding to the notification

VolatilityMaster
12-30-2014, 01:02 PM
Thank you very much admin for your efforts.
I am a little confused here. I thought EAs such as pre-register should have been proposed and deliberated long before the Nov 20 announcement and should go directly into proposed rules. But now they are "gathering ideas". It seems like they are starting from scratch. Did they not have ideas before?

Thanks, yes IV will be responding to the notification

greyhair
12-30-2014, 07:06 PM
Thanks, yes IV will be responding to the notification

Should each one of us post our response? Should we ask for recapture and dependents exemptions?

penguin1980
12-30-2014, 08:32 PM
Regarding the point about recapturing of unused visa from past years:
What are the most important policy and operational changes, if any, available within the existing statutory framework to ensure that administrative policies, practices, and systems
fully and fairly allocate all of the immigrant visa numbers that Congress provided for and intended to be issued, but were not issued in past years?

Time and again, it has been pointed out by various people, that this doesn't fall within limitation of executive action and is not possible without congress bill. So why is this point being raised by DHS when they know they can't do anything about it? Or I am missing something and administration has the power to change rules?

Murthy
12-30-2014, 11:18 PM
Regarding the point about recapturing of unused visa from past years:
What are the most important policy and operational changes, if any, available within the existing statutory framework to ensure that administrative policies, practices, and systems
fully and fairly allocate all of the immigrant visa numbers that Congress provided for and intended to be issued, but were not issued in past years?

Time and again, it has been pointed out by various people, that this doesn't fall within limitation of executive action and is not possible without congress bill. So why is this point being raised by DHS when they know they can't do anything about it? Or I am missing something and administration has the power to change rules?

Yes definitely confusing ? what ever may be "Any unused EB immigrant visa numbers moving forward at least should be issued to wait listed pre-adjudicated applicants purely based on their PD (Priority Date) ie First Come First basis irrespective of their race,country,religion or EB category they belong to."

Administrator2
12-31-2014, 01:32 AM
Regarding the point about recapturing of unused visa from past years:
What are the most important policy and operational changes, if any, available within the existing statutory framework to ensure that administrative policies, practices, and systems
fully and fairly allocate all of the immigrant visa numbers that Congress provided for and intended to be issued, but were not issued in past years?

Time and again, it has been pointed out by various people, that this doesn't fall within limitation of executive action and is not possible without congress bill. So why is this point being raised by DHS when they know they can't do anything about it? Or I am missing something and administration has the power to change rules?

Yes definitely confusing ? what ever may be "Any unused EB immigrant visa numbers moving forward at least should be issued to wait listed pre-adjudicated applicants purely based on their PD (Priority Date) ie First Come First basis irrespective of their race,country,religion or EB category they belong to."


There is absolutely no ambiguity in the existing law about recapture and counting dependents. We have shared this honestly at every opportunity even at the cost of being misrepresented and labeled as if IV was mortal enemy and against green card petitions of some anonymous people. And while truth cannot be further from such unnecessary emotional outburst, we will continue to be honest and tell you again what we know.

In weeks up to EA, some immigration lawyers and handful of companies were planting articles to portray that recapture and dependents exemption is possible. Some of these folks knew that recapture and dependents exemption was not going to happen in EA. We saw through this deception and diversion. So we tried our best to tell everyone that recapture and dependents exemption is not going to happen. In spite of our persuasion and honesty, which some equated with treason, some immature people get carried away because they cannot see through the games some big firms play. But no matter how much difficult and long the wait times are for adjudication of your petition, it will be again unwise and unproductive to be get carried away by emotions only to shot in the air and miss the target once again.

We will repeat what we have said before. Recapture or dependents exemption is not possible through executive action. Not because the President is against anybody's green card petition, but because it will be unlawful to change something that is as clear in the existing law.

And asking for something that is not possible will only end up wasting that chance. Rather ask again and reinforce the fixes that we have been pushing so that the nexus of some employers and immigration lawyers cannot somehow oppose the rights of immigrants to get EAD and AP to change employer/start companies and live free.

Recapture and dependents exemption will be in the upcoming bills that will pass in 2015. Timing wise these bills will take effect at the same time or before any of the provisions of Executive Action. If anyone here cares for recapture and dependents exemption, then please get active in advocacy and join us in Washington, D.C. on 8-10 February. Read this (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096094-immigration-voice-advocacy-event-in-washington-dc-on-8th-9th-and-10th-february.html#post3584262) and Register here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36).

IV will be pushing for the rights of immigrants to live free and oppose any exploitation in the system. Morally and strategically, this is the right path forward. And we suggest that in the best interest of our collective say in the process, we all do the same.

Tarang
12-31-2014, 05:16 AM
Hi Admins,

You had compiled a list of questions around EO for which you were going to get some more clarifications/details from concerned agencies. Can you please provide the updates if there are any?

Thanks,
Tarang

Murthy
12-31-2014, 09:34 AM
There is absolutely no ambiguity in the existing law about recapture and counting dependents. We have shared this honestly at every opportunity even at the cost of being misrepresented and labeled as if IV was mortal enemy and against green card petitions of some anonymous people. And while truth cannot be further from such unnecessary emotional outburst, we will continue to be honest and tell you again what we know.

In weeks up to EA, some immigration lawyers and handful of companies were planting articles to portray that recapture and dependents exemption is possible. Some of these folks knew that recapture and dependents exemption was not going to happen in EA. We saw through this deception and diversion. So we tried our best to tell everyone that recapture and dependents exemption is not going to happen. In spite of our persuasion and honesty, which some equated with treason, some immature people get carried away because they cannot see through the games some big firms play. But no matter how much difficult and long the wait times are for adjudication of your petition, it will be again unwise and unproductive to be get carried away by emotions only to shot in the air and miss the target once again.

We will repeat what we have said before. Recapture or dependents exemption is not possible through executive action. Not because the President is against anybody's green card petition, but because it will be unlawful to change something that is as clear in the existing law.

And asking for something that is not possible will only end up wasting that chance. Rather ask again and reinforce the fixes that we have been pushing so that the nexus of some employers and immigration lawyers cannot somehow oppose the rights of immigrants to get EAD and AP to change employer/start companies and live free.

Recapture and dependents exemption will be in the upcoming bills that will pass in 2015. Timing wise these bills will take effect at the same time or before any of the provisions of Executive Action. If anyone here cares for recapture and dependents exemption, then please get active in advocacy and join us in Washington, D.C. on 8-10 February. Read this (http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096094-immigration-voice-advocacy-event-in-washington-dc-on-8th-9th-and-10th-february.html#post3584262) and Register here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36).

IV will be pushing for the rights of immigrants to live free and oppose any exploitation in the system. Morally and strategically, this is the right path forward. And we suggest that in the best interest of our collective say in the process, we all do the same.

Now we may safely assume that the sole purpose of these two questions 15 and 16 under
II. Ensuring Use of All Immigrant Visa Numbers is just to collect public opinions and consider them when recapure visa and not counting family become law. But present rule of unused visas is not fair rule. At present unused visas from EB1/EB5 category goes to EB2 and then to EB3. This is clearly mentioned in the existing law and we all knew how much EB3 guys got screwed up due to this. This must go away. IV must ask for fair and non-controversial rule for unused visas such as
For question 15: Any unused EB immigrant visa numbers out of total of 140,000 per
year should be issued to wait listed pre-adjudicated applicants
purely based on their PD (Priority Date) ie First Come First basis
irrespective of their race,country,religion and
EB category they belong to.

For question 16: All unused EB immigrant visa numbers of past years should be issued to
wait listed pre-adjudicated applicants purely based on their PD (Priority
Date) ie First Come First basis irrespective of their race,country,religion
and EB category they belong to.
Please note this is just my opinion.
I knew very well these rules will not happen without Congress approval as they donot exist in the present law.
What I mean is at least IV should propose these rules for unused visas.

Raj31
12-31-2014, 02:51 PM
I am new to this forum and after going through some of the threads I understood the effort you guys have spend so far. Thanks IV for all your hard work.

I just wanted to know if the proposed H4 EAD rule will cover the dependent child who are at college age and less 21 years? Will they get EAD and eligible for SSN?

Thanks in advance for your response.

Waitnwait
12-31-2014, 04:09 PM
most of us have parents who visit us periodically. can we also include a request for a long term visa for parents ( similar to Super visa in Canada). Not sure which category it can fit into. :):)

Administrator2
12-31-2014, 04:32 PM
most of us have parents who visit us periodically. can we also include a request for a long term visa for parents ( similar to Super visa in Canada). Not sure which category it can fit into. :):)

Are you suggesting creating a new visa category? Does President have the authority under the existing law to create new visa categories?

Again, we know that the system is complex which makes it difficult to understand. Please attempt to understand that what is possible or not possible, but when thinking about ideas and making suggestions, instead of just think about your own customized situation, which is also important, try asking the following questions? If the answer to these questions is yes, then it is worth exploring:

1.) Does the President have authority under the existing law to implement the suggested change?

2.) Do you know the existing or absence of the specific law which gives the President the authority to make such a chance? Or is there a legal precedence for such a change?

3.) Can you share legal arguments to justify change that will reduce burden on government, employers and immigrants? What is it?

If you know answer to these questions it would be super helpful if you are willing to provide these details. Just thinking about customized ideas to fit your own situation and everyone posting their own little comments, that is a recipe for failure. And we know, when we say something like this, someone will post that "everyone has parents, everyone wants this and you are against my parents' visa". Let me spare you the necessity to post anything like this. Get real and please talk sense. And before jumping the gun, please read the above 3 points and if your idea meets this test, then let's hear about your idea more.

Administrator2
12-31-2014, 04:42 PM
I am new to this forum and after going through some of the threads I understood the effort you guys have spend so far. Thanks IV for all your hard work.

I just wanted to know if the proposed H4 EAD rule will cover the dependent child who are at college age and less 21 years? Will they get EAD and eligible for SSN?

Thanks in advance for your response.

Welcome!

H4 EAD rule is only for spouses. The rule specifically says "spousal work authorization". The minimum requirement is that the primary applicant (i.e. wife/husband) must be in US for 6 years on H1 or should have approved I-140 (immigrant) petition. So EAD for H-4 is applicable only for spouses (not for children).

However, our idea to give EAD after I-140 will give EAD to all spouse and children (above the minimum age allowed to work), which is applicable to your situation. This is part of President's Executive Action on Immigration. If all goes well then something like this could go into effect around Oct-2015.

Although everyone likes to jump on bumper sticker provisions like - EAD for H-4, which IV has championed over the years, we have more and better ideas with much wider application to larger number of immigrants (spouses and children). But these ideas will not happen by themselves. We need everyone getting more active and speaking in one voice. But as we have said gazillion times before, if people will waste time on asking for recapture and exempting dependents (which we know won't happen), then that will be waste of opportunity.

greyhair
12-31-2014, 06:18 PM
Now we may safely assume that the sole purpose of these two questions 15 and 16 under
II. Ensuring Use of All Immigrant Visa Numbers is just to collect public opinions and consider them when recapure visa and not counting family become law. But present rule of unused visas is not fair rule. At present unused visas from EB1/EB5 category goes to EB2 and then to EB3. This is clearly mentioned in the existing law and we all knew how much EB3 guys got screwed up due to this. This must go away. IV must ask for fair and non-controversial rule for unused visas such as
For question 15: Any unused EB immigrant visa numbers out of total of 140,000 per
year should be issued to wait listed pre-adjudicated applicants
purely based on their PD (Priority Date) ie First Come First basis
irrespective of their race,country,religion and
EB category they belong to.

For question 16: All unused EB immigrant visa numbers of past years should be issued to
wait listed pre-adjudicated applicants purely based on their PD (Priority
Date) ie First Come First basis irrespective of their race,country,religion
and EB category they belong to.
Please note this is just my opinion.
I knew very well these rules will not happen without Congress approval as they donot exist in the present law.
What I mean is at least IV should propose these rules for unused visas.

It is difficult to read and make sense of your post. Are you saying that it won't happen but IV should ask for it anyways. Then why not ask for recapture. It won't happen either. But what's the harm in asking?

Murthy
01-01-2015, 09:16 AM
It is difficult to read and make sense of your post. Are you saying that it won't happen but IV should ask for it anyways. Then why not ask for recapture. It won't happen either. But what's the harm in asking?
Dear greyhair
I mean won't happen without Congress Approval .ie I am 100% agreeing with IV opinion with EO no changes will happen for the existing unused visa rules or recapture of visas etc
Requesting IV should ask for changes in unused visa rules (how to distribute among EB) also along with other items such as recapture unused visas,do not count family members etc.
Hope I have cleared your doubts.

rupen
01-01-2015, 09:46 AM
Now we may safely assume that the sole purpose of these two questions 15 and 16 under
II. Ensuring Use of All Immigrant Visa Numbers is just to collect public opinions and consider them when recapure visa and not counting family become law. But present rule of unused visas is not fair rule. At present unused visas from EB1/EB5 category goes to EB2 and then to EB3. This is clearly mentioned in the existing law and we all knew how much EB3 guys got screwed up due to this. This must go away. IV must ask for fair and non-controversial rule for unused visas such as
For question 15: Any unused EB immigrant visa numbers out of total of 140,000 per
year should be issued to wait listed pre-adjudicated applicants
purely based on their PD (Priority Date) ie First Come First basis
irrespective of their race,country,religion and
EB category they belong to.

For question 16: All unused EB immigrant visa numbers of past years should be issued to
wait listed pre-adjudicated applicants purely based on their PD (Priority
Date) ie First Come First basis irrespective of their race,country,religion
and EB category they belong to.
Please note this is just my opinion.
I knew very well these rules will not happen without Congress approval as they donot exist in the present law.
What I mean is at least IV should propose these rules for unused visas.

Your suggestions are worthy and we would like to prsue them in 2015. Please register for advocacy event and join us in dc, donate and share with ur friends. We need all help that w can get.

Murthy
01-01-2015, 09:49 AM
Your suggestions are worthy and we would like to prsue them in 2015. Please register for advocacy event and join us in dc, donate and share with ur friends. We need all help that w can get.
Yes I registered for the event.

greyhair
01-01-2015, 01:01 PM
Dear greyhair
I mean won't happen without Congress Approval .ie I am 100% agreeing with IV opinion with EO no changes will happen for the existing unused visa rules or recapture of visas etc
Requesting IV should ask for changes in unused visa rules (how to distribute among EB) also along with other items such as recapture unused visas,do not count family members etc.
Hope I have cleared your doubts.

Asking for fix to distribution of unused EB visas numbers is a good idea if we can find the section of the law that allows it. But as Admin said, why ask for recapture and not counting dependents if that is not allowed by the existing law. Ask for something that can happen rather than asking for something that we know won't happen.

What is the harm in asking? The harm is that we waste our chance on asking for something that can happen as Admin explained above.

Murthy
01-01-2015, 03:36 PM
Asking for fix to distribution of unused EB visas numbers is a good idea if we can find the section of the law that allows it. But as Admin said, why ask for recapture and not counting dependents if that is not allowed by the existing law. Ask for something that can happen rather than asking for something that we know won't happen.

What is the harm in asking? The harm is that we waste our chance on asking for something that can happen as Admin explained above.

Sorry I do not understand what you are talking. Probably you have not understood.Please be understand what Aman said. Either Visa Recapture or Do not count family members won't happen without Congress approval. ie what I am also saying We have to work on for a bill that will become law so that our main goals (Recapture unused visas and do not count family members ,remove per country quota limits and any other agenda items that IV had in their list. For this purpose only we will be having "Employment Based Green Cards Advocacy in Feb 2015. What I am suggesting is we have to ask for the change of unused visa distribution rules that exist now in the law. Do you know how bad rule we have? Definitely all EB3 AOS guys and many other EB AOS guys will love & support what I suggested. It is very fair and justified to go by PD strictly instead of present EB1/EB5 to EB2 and then EB2 to EB3. Suppose we do not ask for a change in the present bad unused visa distribution rule and we got congress approved bill that contains Visa recapture then you like first to cover all pending AOS in EB2 category then EB3 ?? So you like let EB3 guys get more & more screwed up for ever ?? Right.Excellent Thinking!!! I am very sorry to say this. First you should give justification why IV should not ask for a change in unused visa distribution rule ?? along with other items. Absolutely there is no harm including an item "Change in unused visas distribution rule" also in IV asking list. I think you may know one very popular proverb in Telugu "adagande ammayana buvva pettadu" means "Even mother will not give food if you do not ask". I am sure IV core members will understand what I am talking.

rupen
01-01-2015, 04:24 PM
Yes I registered for the event.

Great. I hope others also do

rupen
01-01-2015, 04:30 PM
Sorry I do not understand what you are talking. Probably you have not understood.Please be understand what Aman said. Either Visa Recapture or Do not count family members won't happen without Congress approval. ie what I am also saying We have to work on for a bill that will become law so that our main goals (Recapture unused visas and do not count family members ,remove per country quota limits and any other agenda items that IV had in their list. For this purpose only we will be having "Employment Based Green Cards Advocacy in Feb 2015. What I am suggesting is we have to ask for the change of unused visa distribution rules that exist now in the law. Do you know how bad rule we have? Definitely all EB3 AOS guys and many other EB AOS guys will love & support what I suggested. It is very fair and justified to go by PD strictly instead of present EB1/EB5 to EB2 and then EB2 to EB3. Suppose we do not ask for a change in the present bad unused visa distribution rule and we got congress approved bill that contains Visa recapture then you like first to cover all pending AOS in EB2 category then EB3 ?? So you like let EB3 guys get more & more screwed up for ever ?? Right.Excellent Thinking!!! I am very sorry to say this. First you should give justification why IV should not ask for a change in unused visa distribution rule ?? along with other items. Absolutely there is no harm including an item "Change in unused visas distribution rule" also in IV asking list. I think you may know one very popular proverb in Telugu "adagande ammayana buvva pettadu" means "Even mother will not give food if you do not ask". I am sure IV core members will understand what I am talking.

Guys, this is not the time to fight between eb2 and eb3. If recapture, dependent exemption and per country removal cones through, everthing will become current. That being said, i am also in eb3 and i understand the pain but this is the time to look at bigger items

greyhair
01-01-2015, 04:37 PM
Sorry I do not understand what you are talking. Probably you have not understood.Please be understand what Aman said. Either Visa Recapture or Do not count family members won't happen without Congress approval. ie what I am also saying We have to work on for a bill that will become law so that our main goals (Recapture unused visas and do not count family members ,remove per country quota limits and any other agenda items that IV had in their list. For this purpose only we will be having "Employment Based Green Cards Advocacy in Feb 2015. What I am suggesting is we have to ask for the change of unused visa distribution rules that exist now in the law. Do you know how bad rule we have? Definitely all EB3 AOS guys and many other EB AOS guys will love & support what I suggested. It is very fair and justified to go by PD strictly instead of present EB1/EB5 to EB2 and then EB2 to EB3. Suppose we do not ask for a change in the present bad unused visa distribution rule and we got congress approved bill that contains Visa recapture then you like first to cover all pending AOS in EB2 category then EB3 ?? So you like let EB3 guys get more & more screwed up for ever ?? Right.Excellent Thinking!!! I am very sorry to say this. First you should give justification why IV should not ask for a change in unused visa distribution rule ?? along with other items. Absolutely there is no harm including an item "Change in unused visas distribution rule" also in IV asking list. I think you may know one very popular proverb in Telugu "adagande ammayana buvva pettadu" means "Even mother will not give food if you do not ask". I am sure IV core members will understand what I am talking.

Did you even read my post? I said that:

Asking for fix to distribution of unused EB visas numbers is a good idea if we can find the section of the law that allows it.

Meaning: If we can find specific part of the law, then it will strengthen our position when asking for fixing distribution of visas.

Which part of this is not clear? You probably don't have much to do on your day off from work and wanted to go on a rampage for no particular reason. So you just took off without caring much for what other guy was saying :rolleyes:

aashishkapoor
01-01-2015, 06:21 PM
Dear Administrator, Just wondering is there any thing changed since your last update on EAD for H4. Per your last update, EAD for H4 law was suppose to implement/or take effect some where in Jan 2015 and in this update you mentioned "somewhere in Oct 2015"

Can you please share updated information on this ?

Thanks so much !!

aashishkapoor
01-01-2015, 06:23 PM
Welcome!

H4 EAD rule is only for spouses. The rule specifically says "spousal work authorization". The minimum requirement is that the primary applicant (i.e. wife/husband) must be in US for 6 years on H1 or should have approved I-140 (immigrant) petition. So EAD for H-4 is applicable only for spouses (not for children).

However, our idea to give EAD after I-140 will give EAD to all spouse and children (above the minimum age allowed to work), which is applicable to your situation. This is part of President's Executive Action on Immigration. If all goes well then something like this could go into effect around Oct-2015.

Although everyone likes to jump on bumper sticker provisions like - EAD for H-4, which IV has championed over the years, we have more and better ideas with much wider application to larger number of immigrants (spouses and children). But these ideas will not happen by themselves. We need everyone getting more active and speaking in one voice. But as we have said gazillion times before, if people will waste time on asking for recapture and exempting dependents (which we know won't happen), then that will be waste of opportunity.


Dear Administrator, Just wondering is there any thing changed since your last update on EAD for H4. Per your last update, EAD for H4 law was suppose to implement/or take effect some where in Jan 2015 and in this update you mentioned "somewhere in Oct 2015"

Can you please share updated information on this ?

Thanks so much !!

braveone
01-01-2015, 10:05 PM
President Obama announced Executive Action on Immigration on November 21st. You said there were specific fixes were done by the President that will give us EAD after I-140 etc.

Now government has announced this link:
https://www.federalregister.gov/articles/2014/12/30/2014-30641/immigration-policy

Are they asking more suggestions to give us green cards now? Can you help us understand?

rupen
01-01-2015, 10:08 PM
President Obama announced Executive Action on Immigration on November 21st. You said there were specific fixes were done by the President that will give us EAD after I-140 etc.

Now government has announced this link:
https://www.federalregister.gov/articles/2014/12/30/2014-30641/immigration-policy

Are they asking more suggestions to give us green cards now? Can you help us understand?

No, not to give green cards. It is first step in the process of executive action implementation. Executive actions were not about green cards. They were about EAD to give job mobility

Administrator2
01-01-2015, 10:21 PM
President Obama announced Executive Action on Immigration on November 21st. You said there were specific fixes were done by the President that will give us EAD after I-140 etc.

Now government has announced this link:
https://www.federalregister.gov/articles/2014/12/30/2014-30641/immigration-policy

Are they asking more suggestions to give us green cards now? Can you help us understand?

As Rupen shared above, President announced certain changes on November 21st. In his announcement he instructed specific agencies to make certain changes to the interpretation of the law. We had subsequently shared what changes were under consideration and decided by the Administration.

Now because there is a federal process for making any regulatory changes, the link you posted above is the first step of that process to make changes to the regulation. It can be confusing because the process requires them to ask for comments and suggestions. But the fixes that we shared earlier were already explored and decided by the Administration based on what is within the bounds of the existing law and the authority of the President.

So in essence, President's announcement and this recent Federal Register process is not 2 different things. Its the same but different stages of the same process. We encourage everyone to post their comments. But just because one will ask for more green cards doesn't mean that the President can increase green cards. Your comments will carry any meaning if it is within the bounds of the legal authority of the President. Based on what was shared with everyone earlier, it is already known what is within the legal bounds of the existing law.

Again, as Rupen pointed out, this Federal Register posting is not about increasing green cards/recapture/exempting dependents etc. We have tried to explain this earlier. People will read what they want to read so it is easy for some folks to think as if they are asking to post comments for recapture :-), but that is not the case.

Everyone is still free to post whatever comments you like. But try posting comments citing specific law and legal basis rather than ranting or emotional outburst. This is an official process and it demands formal response with legal basis showing reasoning for how specific change is possible (WITHIN THE EXISTING LAW) and why the suggested change will bring the implementation closer to the existing or intent of the law.

Hope this answers your question.

Administrator2
01-01-2015, 10:42 PM
Dear Administrator, Just wondering is there any thing changed since your last update on EAD for H4. Per your last update, EAD for H4 law was suppose to implement/or take effect some where in Jan 2015 and in this update you mentioned "somewhere in Oct 2015"

Can you please share updated information on this ?

Thanks so much !!

There are no changes to report regarding EAD for H-4 timeline. A lot of people would be out during the holiday season and it would be fair to expect folks to work on this after holiday season is over.

We had earlier shared that EAD for H-4 timeline is Dec/Jan, and unless we are told differently, that timeframe is still valid. So just hang-in there and be on a lookout for the final rule on 'EAD for H-4' in Jan-2015.

The timeline of 'Oct-2015' in the last update was more specific to all other fixes announced in the President's executive order. These are changes like EAD for I-140, filing adjustment of status even when the date is not current per visa bulletin, employer not being able to revoke I-140, immigrants able to change employers allowing natural career progression, clear definition of same or similar occupation classification when using AC21 to change employer after filing Adjustment of Status etc. Most of these fixes are new and require rule making i.e. have to go through federal register process which is why there is a first step of the rule making requiring public notification:

https://www.federalregister.gov/articles/2014/12/30/2014-30641/immigration-policy

Federal government may decide to issue interim rule for all these fixes, which is how these new fixes are expected to go into effect by Oct-2015.

But EAD for H-4 have been underway through the same process for some time. This specific fix (EAD for H-4) is at the last leg of the rule making process. Now we are awaiting final rule. And the final rule expected in Jan-2015.

Also, just so you know, when the final rule comes out, it may have an effective date of March/April-2015. That means the rule may have a future effective date when applicants on H-4 might be able to actually apply for EAD. Then there could be processing time of 30-90 days for the EAD application. So just set your expectations accordingly not expect your EAD in mail in Jan-2015.

Hope this clarifies your doubt.

braveone
01-02-2015, 10:56 AM
As Rupen shared above, President announced certain changes on November 21st. In his announcement he instructed specific agencies to make certain changes to the interpretation of the law. We had subsequently shared what changes were under consideration and decided by the Administration.

Now because there is a federal process for making any regulatory changes, the link you posted above is the first step of that process to make changes to the regulation. It can be confusing because the process requires them to ask for comments and suggestions. But the fixes that we shared earlier were already explored and decided by the Administration based on what is within the bounds of the existing law and the authority of the President.

So in essence, President's announcement and this recent Federal Register process is not 2 different things. Its the same but different stages of the same process. We encourage everyone to post their comments. But just because one will ask for more green cards doesn't mean that the President can increase green cards. Your comments will carry any meaning if it is within the bounds of the legal authority of the President. Based on what was shared with everyone earlier, it is already known what is within the legal bounds of the existing law.

Again, as Rupen pointed out, this Federal Register posting is not about increasing green cards/recapture/exempting dependents etc. We have tried to explain this earlier. People will read what they want to read so it is easy for some folks to think as if they are asking to post comments for recapture :-), but that is not the case.

Everyone is still free to post whatever comments you like. But try posting comments citing specific law and legal basis rather than ranting or emotional outburst. This is an official process and it demands formal response with legal basis showing reasoning for how specific change is possible (WITHIN THE EXISTING LAW) and why the suggested change will bring the implementation closer to the existing or intent of the law.

Hope this answers your question.

Thank you for the predictions about EAD for H-4 and other bills.

Some posters in other forum are saying that President made changes to the law in November. President is separate from USCIS. These new suggestion for making new changes is asked by USCIS. They are also saying that IV is against recapture. Why are you against recapture?

eastindia
01-02-2015, 11:30 AM
Thank you for the predictions about EAD for H-4 and other bills.

Some posters in other forum are saying that President made changes to the law in November. President is separate from USCIS. These new suggestion for making new changes is asked by USCIS. They are also saying that IV is against recapture. Why are you against recapture?

It is totally false. IV has recapture, country limit removal and STEM exemption as center of its agenda. Any intelligent person can read IV website or even attend an advocacy day to attend IV meetings and see for himself that recapture is in the heart of conversations.

Other forums maybe run with people whose business will shatter if all of us get greencards and nobody will visit them. This is why they may try to discredit people who are working on getting greencard rule. People need to stay away from such snakes. But if they are not staying away from them, they are becoming part of the problem of greencard backlog and increasing backlog by not working to remove it.

See Immigration Voice - View Single Post - Possible Administrative Fixes - Filtering facts from fiction (http://immigrationvoice.org/forum/3582968-post63.html)

Administrator2
01-02-2015, 12:06 PM
Thank you for the predictions about EAD for H-4 and other bills.

Some posters in other forum are saying that President made changes to the law in November. President is separate from USCIS. These new suggestion for making new changes is asked by USCIS. They are also saying that IV is against recapture. Why are you against recapture?

Please let us mention that we are not engaged in any sort of predictions. There are people who sit all day long engaged in all sorts of meaningless predictions. We suggest that you not waste your time on these useless predictions because these predictions are not worth a dime.

The timeline we shared were specifically mentioned by the Administration officials who are working on the fixes. So what we shared are not our predictions.

Again, because terminology is important, so please let us clarify that the President did not change the law. President only announced fixes that will interpret the existing law in a specific manner without any change in the existing law. The President cannot change the law. Only Congress can change the law. But if the law is not clear or there is ambiguity then the President can ask that the interpretation of the law be changed in a specific manner. This change in the interpretation of the law is done by making rules and regulation.

To make/change rules and regulations require federal register public notification. President or WH will not publish notification. Per the process the notification is published by relevant agency/department. In this case the relevant agency/department is USCIS/DHS/State Dept. Which is why the recent public notification was published by these agencies.

USCIS/DHS/State Dept are not different or independent of the office of the President. All government departments are part of Executive branch of the government, meaning, they all report to the President. The President instructed these departments to interpret the existing law in a specific manner wherever the law is not clear or wherever there is room for the interpretation to improve upon the system. The President choose to make this happen because Congress did not pass Immigration reform to fix the outdated law.

USCIS/DHS/State Dept are not separate from the office of the President. All these departments work at the will of the President. And although many in the immigrant community believe that immigration lawyers or immigration authorities (USCIS) are GODS and they work independent of the President, that is just not true. USCIS is part of DHS and the top guy in DHS is Secretary. Secretary of DHS is member of the Cabinet of the President i.e. DHS is Secretary reports to the President. So all these changes to the regulations/rules flow from the office of the President.

Lastly, regarding recapture. We have told time and time again that the President and WH is willing to consider fixing the system within the existing law. The law is clear and the existing law doesn't allow recapture and dependents exemption cannot be done without changing the existing law. So even though the decision makers want to help us, they cannot do recapture and and dependents exemption without violating the existing law.

It is childish and immature to say that IV is against recapture. This is just not true. We are only telling you what we have been told by the Administration officials. IV has advocated for recapture for long many years every time there is any change in the bill. We explored recapture through Administrative process back in 2007 (Bush Administration) and again in 2009/2010 (Obama Administration). This is long before anyone thought about this idea. But both, Bush and Obama Administration has said that recapture is not possible through Administrative means and it will require Congress to change the law.

In this recent cycle, when hundreds of immigration lawyers and thousands of articles were posting about recapture and dependents exemption, we told everyone back in August-2014 that recapture and dependents exemption will not happen in Administrative fix. Again, this is NOT a prediction by looking at the alignment of stars in the sky. This is merely sharing what the Administration was telling us. There are all sorts of people on the internet and they hold all sorts of believes. We are not here to change what some odd guy believes. We are here to share what we are know so everyone who genuinely care for the issue can align and spend energies so the system can be fixed.

IV has long lobbied for recapture with the Administrations and Congress. Administration cannot do recapture by themselves. But in the new 114th Congress starting in Jan-2014 (i.e. this month) there is a very good chance that Congress will pass bills for more green cards. As such, we are organizing the lobby day in Washington on Feb 8th-10th so we can talk to lawmakers about recapture and many other provisions to increase green cards and to eliminate backlogs. Here is the newsletter we sent out a few days back in case you did not see it:

https://www.facebook.com/notes/immigration-voice/immigration-voice-newsletter-12292014/841135972619295

We are requesting everyone to come to Washington DC to advocate for recapture and other ways to eliminate backlogs. We don't know what forum you are referring, but it doesn't matter. Just mere gossiping online over immigration forums changes absolutely nothing. Any other forum that you are referring, folks there are not actually doing anything other than gossiping/wasting time and taking attention of people like you away from real action. Real action is when you come out of the online forums, meet with lawmakers in the real world and explain them your story plus the fixes that will help you. That is how the real change happens. NO ONE reads immigration forums and online petitions. Change in law/regulation/rules is still old fashioned and require that people come out of their shell in the real world and ask for the change.

And if you want to experience this first hand, we welcome you to the Advocacy event in Washington from Feb 8th - 10th. Here is the link to register:
http://register.immigrationvoice.org

braveone
01-02-2015, 01:10 PM
Thank you for your patience and explaining everything at length. I am completely with you. Registered for the advocacy event in Washington, D.C. for February 8th, 9th and 10th. I live in Washington State and later today need to reserve air tickets.

rupen
01-03-2015, 09:49 AM
Please let us mention that we are not engaged in any sort of predictions. There are people who sit all day long engaged in all sorts of meaningless predictions. We suggest that you not waste your time on these useless predictions because these predictions are not worth a dime.

The timeline we shared were specifically mentioned by the Administration officials who are working on the fixes. So what we shared are not our predictions.

Again, because terminology is important, so please let us clarify that the President did not change the law. President only announced fixes that will interpret the existing law in a specific manner without any change in the existing law. The President cannot change the law. Only Congress can change the law. But if the law is not clear or there is ambiguity then the President can ask that the interpretation of the law be changed in a specific manner. This change in the interpretation of the law is done by making rules and regulation.

To make/change rules and regulations require federal register public notification. President or WH will not publish notification. Per the process the notification is published by relevant agency/department. In this case the relevant agency/department is USCIS/DHS/State Dept. Which is why the recent public notification was published by these agencies.

USCIS/DHS/State Dept are not different or independent of the office of the President. All government departments are part of Executive branch of the government, meaning, they all report to the President. The President instructed these departments to interpret the existing law in a specific manner wherever the law is not clear or wherever there is room for the interpretation to improve upon the system. The President choose to make this happen because Congress did not pass Immigration reform to fix the outdated law.

USCIS/DHS/State Dept are not separate from the office of the President. All these departments work at the will of the President. And although many in the immigrant community believe that immigration lawyers or immigration authorities (USCIS) are GODS and they work independent of the President, that is just not true. USCIS is part of DHS and the top guy in DHS is Secretary. Secretary of DHS is member of the Cabinet of the President i.e. DHS is Secretary reports to the President. So all these changes to the regulations/rules flow from the office of the President.

Lastly, regarding recapture. We have told time and time again that the President and WH is willing to consider fixing the system within the existing law. The law is clear and the existing law doesn't allow recapture and dependents exemption cannot be done without changing the existing law. So even though the decision makers want to help us, they cannot do recapture and and dependents exemption without violating the existing law.

It is childish and immature to say that IV is against recapture. This is just not true. We are only telling you what we have been told by the Administration officials. IV has advocated for recapture for long many years every time there is any change in the bill. We explored recapture through Administrative process back in 2007 (Bush Administration) and again in 2009/2010 (Obama Administration). This is long before anyone thought about this idea. But both, Bush and Obama Administration has said that recapture is not possible through Administrative means and it will require Congress to change the law.

In this recent cycle, when hundreds of immigration lawyers and thousands of articles were posting about recapture and dependents exemption, we told everyone back in August-2014 that recapture and dependents exemption will not happen in Administrative fix. Again, this is NOT a prediction by looking at the alignment of stars in the sky. This is merely sharing what the Administration was telling us. There are all sorts of people on the internet and they hold all sorts of believes. We are not here to change what some odd guy believes. We are here to share what we are know so everyone who genuinely care for the issue can align and spend energies so the system can be fixed.

IV has long lobbied for recapture with the Administrations and Congress. Administration cannot do recapture by themselves. But in the new 114th Congress starting in Jan-2014 (i.e. this month) there is a very good chance that Congress will pass bills for more green cards. As such, we are organizing the lobby day in Washington on Feb 8th-10th so we can talk to lawmakers about recapture and many other provisions to increase green cards and to eliminate backlogs. Here is the newsletter we sent out a few days back in case you did not see it:

https://www.facebook.com/notes/immigration-voice/immigration-voice-newsletter-12292014/841135972619295

We are requesting everyone to come to Washington DC to advocate for recapture and other ways to eliminate backlogs. We don't know what forum you are referring, but it doesn't matter. Just mere gossiping online over immigration forums changes absolutely nothing. Any other forum that you are referring, folks there are not actually doing anything other than gossiping/wasting time and taking attention of people like you away from real action. Real action is when you come out of the online forums, meet with lawmakers in the real world and explain them your story plus the fixes that will help you. That is how the real change happens. NO ONE reads immigration forums and online petitions. Change in law/regulation/rules is still old fashioned and require that people come out of their shell in the real world and ask for the change.

And if you want to experience this first hand, we welcome you to the Advocacy event in Washington from Feb 8th - 10th. Here is the link to register:
ImmigrationVoice.org - Advocacy Event Registration Form (http://register.immigrationvoice.org)

To correct typing mistake. It is 2015, not 2014

rupen
01-03-2015, 09:52 AM
Thank you for your patience and explaining everything at length. I am completely with you. Registered for the advocacy event in Washington, D.C. for February 8th, 9th and 10th. I live in Washington State and later today need to reserve air tickets.

Could you update in IV fb event also ?

Administrator2
01-10-2015, 08:44 PM
[LIST=1] What the details on the expansion are for OPT and changes to L1? Folks in our community are affected by these and little details exist.

What is expected from the OPT reforms? Does it means longer OPT or EAD after OPT or what exactly will be the form and shape of this order and time-frame for being implemented? Also does it also allows people in H1 and OPT to set up their own enterprises and work for it? Another question, if OPT is for more months or EAD given (if H1 doesn't get through lottery) then can they go to their respective home country to get the visa stamped?

There will be changes made to the OPT system

Background:
There is a standing lawsuit in DC District court filed by Washington Alliance of Technology Workers on US Department of Homeland Security.

This lawsuit contends that:
1.) OPT is illegal because there is no law that allows creating OPT.
2.) OPT is extension of H-1B program because during the training period (12 or 29 months) the student is not connected to the University. So the immigrant is no longer a student, but rather a worker without any requirement of labor condition i.e. minimum wage. Washington Alliance of Technology Workers say that this is affecting their members (US citizens) because OPT system is undercutting US workers and driving down wages.
3.) In 2008, extension of OPT period for STEM graduates from 12 months to 29 months is illegal and the regulator change did not follow the required process for regulator change.

The Honorable Judge in the case has said that OPT system was created by regulation decades back. And any opposition to regulation has to be made within 6 years period. So he will not make OPT illegal. However, because the extension of 12 to 29 months happened within last 6 years, and, because the proper rule making process was not followed, the judge is willing to look into cancelling 29 months extension and reducing it to 12 months. This lawsuit is still underway and no one knows what will be final ruling.

Outcome:
This is a serious lawsuit. It is putting pressure on USCIS to change OPT system. We expect that the following changes will be made:
1.) OPT could be reduced to 12 months (judge may also order this change)
2.) OPT student will be more connected to the University and will send some sort of communications/reports of training back to University
3.) OPT worker will require approval from labor department for minimum wage for a specific position in the specific area (similar t0 H-1B Labor Condition Application).

Why have you not heard about this lawsuit
The companies and thus press has been very quiet on this lawsuit. So it has not come out.

But we have been following this lawsuit since June-2014. If you are interested, attached is the original complaint filed by Washington Alliance of Technology Workers at U.S. District Court (don't believe this is available online).

Yes, we are expecting regs to have clarity to allow H-1B visa holders and EAD holders to start and run their companies/businesses. And if one has her/his company, you will be eligible for EB-2 NIW green card process. The regs will have details about this process also.

Administrator2
01-10-2015, 08:52 PM
How is “same or similar” being defined by the new EO? Is this implemented just based on issuing a memo or does it require rule making? What is the time-frame we are expecting for this?

We expect that the regs (shot form of regulations) are expected to define “same or similar occupation classification” as “natural progression”.

This means that if your petition was applied as ‘Computer Programmer’, then during the course of natural progression your career, you can hold any position that one can while growing in your career to any position. You can be Senior Programmer, Manager, Director or Vice President or anything that is part of natural progression in your career whatever field you might be in.

The key phrase here is “natural progression”

The time frame of all the fixes as part of EO is expected to be Oct-2015. Some of the fixes could be implemented sooner. And some may take a little more time. But overall Oct-2015 is a decent estimate.

Administrator2
01-10-2015, 08:58 PM
Porting of green card application across employers - how will it work? Rule-making or memo? Time-frame?

This is what we think might happen. Please wait for the final regulations to be published

Porting of green card across employers will require Regulation. This will require removing from current regulation sub-section 8 CFR Sec. 205.1 (a) (3) (iii)(C)

This subsection current allows employers to revoke I-140. We think this subsection in the rule will go away so employers will no longer be able to revoke I-140 after approval. Then we expect another regulation will be added that will allow applicants to file I-485 with another employer (different from the original petitioning employer). At I-485, you only need 1 page letter from the employer (whosoever that employer might be) that the employer still continues to support your pending green card petition.

Expected time frame – Oct-2015

Administrator2
01-10-2015, 09:04 PM
Filing AOS process for getting EAD/AP after getting approved 140 - details and time frame.

We think this fix will also require regulation.

After the regulation kicks-in, we think you will be able to file I-765 form (look-up USCIS website for form I-765). You will need approved I-140 notice. Or, it may be ok if you have the receipt number of your I-140 and might be able to print online status of your I-140 petition and use that to apply for EAD and AP.

This is a good time to ask your employer for copy of I-140 copy/tracking number or preferably I-140 approval notice.

Please wait for the final regulation to get published.

Administrator2
01-10-2015, 09:10 PM
Sharing of GC paperwork with employees - any updates on this and time frame for implementation?

This is still in the works and this one we are not sure about.

It is possible that USCIS might decide to create an online system to retrieve your information by entering your confidential information online. Just like when you are able to pull your credit report online. Please wait for more information to be made available in coming months.

Expected time frame – Oct-2015

Administrator2
01-10-2015, 11:24 PM
EAD/AP for H4 dependents - expected time-frame?

If you are talking about EAD for H-4 (spouse) (also called spousal authorization) fix then:

The regulation for this is already done. Before Thanksgiving we were told that this will happen in Dec-2014 or January 2015.

Earlier this week (when folks returned after Christmas vacation) we learned that it is still a few weeks away. Could still happen in late January or in February-2015. But this will happen soon.
This doesn't apply to children.

If you are asking about EAD/AP for H4 (spousal and children above 16 years of age):

After the primary applicant get I-140 approval, primary applicant, spouses and other dependents (children) will be eligible for EAD and AP.

Estimated time frame: Oct-2015

Administrator2
01-10-2015, 11:26 PM
Can future president override our provisions?

Simple answer is - Yes. But the more realistic (but slightly complicated) answer is that it is unlikely for a future President to act against skilled immigrants.

Administrator2
01-10-2015, 11:34 PM
What are the chances/potential for the President's EO changes being blocked by a Republican controlled Congress starting January 1st 2015.

What is the probability of the EO being reversed, by the House or by a next President?

We have been going around meeting with offices of Member of Congress and making them aware that even if they dislike Executive Action, there are parts of Executive Action that will help skilled immigrants that will allow people changing jobs and starting companies. The R-folks we have met are happy to know this and assured that they will not touch that part.

Our sense is that because Rs had election platform to oppose President’s Executive Action, they may try to pass a bill to over-turn the entire executive order, which will include parts for skilled immigrants. But we expect that such an effort will not change anything.

We need everyone to get active and ask your Member of Congress to not reverse President's Executive Action on Immigration. No, this doesn't mean posting on forums, or telling your lawyer, or starting online petition, or sending emails to anyone. This means setting up meeting in your city with the office of your member of Congress, or, join in Washington DC on February 8th, 9th and 10th to meet with office of Senators and Representatives to tell them our story.

Administrator2
01-10-2015, 11:41 PM
There is no mention of ' Adjustment of status' in DHS memo http://www.dhs.gov/.../14_1120_memo_business_actions.pdf
Should we expect another memo from DHS about same?

Will the AOS rule be proposed or interim? This was one of the questions asked to me.

The fix will require regulation process. DHS is already working on drafting the regs. The regulation will define the meaning of the part of the law “immigrant visa is immediately available” in 8 U.S. Code § 1255 (a)(3).

This will allow those with approved I-140 petition to file Adjustment of status even when the visa number is not available. It will also allow you to file for EAD and AP if you already don’t have EAD and AP.

There could be an interim rule for this, in which case the effective date could be sooner. Or else, we expect the time frame of this fix as Oct-2015.

Administrator2
01-10-2015, 11:54 PM
What is the distinction between H-4 getting EAD and file AOS. Aren't these arriving at the same end result? A distinction between these two provisions will be helpful. This one came up thrice today in our community

The overall end goal of the entire process is not just that the spouse can somehow work, which is important, but that all members of immigrant’s family can live up to their full potential free of any employer bondage.

EAD for H-4 or spousal work authorization fix is designed to give EAD for spouse only.

EAD or work authorization after I-140 approval or after Adjustment of Status will also make other dependents (like children above the age of 16 years) to get the benefit. Additionally, EAD after I-140 approval or after filing Adjustment of Status will allow primary applicant to change petitioning employer or start a company.

Administrator2
01-10-2015, 11:57 PM
Details about Auto extension of EAD/AP. When and how?

This is not yet part of Executive Action and we request everyone to ask for this when posting comments to Federal Register notification before 01/29/2015.

To post effective response, please look for full list of suggestions that we recommend posting in response to the Federal Register notification.

Administrator2
01-11-2015, 12:04 AM
Somebody who has cleared I140, if he joins a new Job in the same EB category(assuming the AOS rule is still in the making ) does he has to do labor and I-140 again with the new employer?

We have brought up this point and have been told that it will not be possible to retroactively make this effective. The reason being, if you change your employer before filing AOS and before the new regulation takes effect, the employer still has the ability to revoke your approved I-140 under current regulation sub-section 8 CFR Sec. 205.1 (a) (3) (iii)(C). We expect this specific subsection of the regulation will be nullified after the new regulations take effect. So in the future the employer will no longer have the ability to revoke your approved I-140.

If you want to take the benefit of this fix then we will not recommend you changing employer without filing Adjustment of Status unless the new regulation takes effect.

Expected time frame: Oct-2015

Administrator2
01-11-2015, 12:07 AM
If somebody in EB category get 485 denial but he/she has US citizen kid, what will happen to those parents?

This specific situation is not covered in regulations. Please let us know what you suggest / recommend for such cases and we will do our best to take your idea to the decision makers.

Administrator2
01-11-2015, 12:13 AM
If somebody is changing job with I-140 approved already, he/she doesn't have to restart the process if he is moving in same EB category only. If he/she wants to file in EB2 in new company then does he/she needs to restart the whole process as we are doing now?

Simple answer is - Yes. But after all these fixes go into effect, why would you want to change to EB-2 which will require starting from scratch. With these fixes, you have the freedom to live up to your potential and live free from the bondage of your employer. You can start your company or change employer in a natural progression.

Most people want green card so they are not dependent on employer, or they can change employer or get a better job, or start a business, or the child or spouse can work. Under the new system, you will be able to do all this after approval of I-140.

The new system will be a drastic improvement over the existing system. The Executive Order has made significant changes for skilled immigrants, which most people don't realize or know yet. Once these fixes will go into effect, most folks will understand the extent of freedoms brought by the fixes in Executive Action by the President.

Administrator2
01-11-2015, 12:24 AM
What does Visa Modernization means in Section 1 part (ii)? Is it referring to Visa Recapture after 120 days?

Visa Modernization means no visa is wasted going forward. It is not related to recapture. Please read the post at the following link:

http://immigrationvoice.org/forum/3582968-post63.html

Administrator2
01-11-2015, 12:28 AM
What is Executive Action and what is Regulatory Action?

Executive Action is the directive by President given to appropriate Federal agencies to change regulations.

To make these regulation changes each agency has to follow Regulatory/Federal Register process.

Please read below link for Regulatory change process, also called Federal Register process required for any regulatory change:
https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf

hil3182
01-11-2015, 01:30 PM
Another question, how important are the comments? Has it all been decided R can the comments add anything?

rupen
01-11-2015, 02:21 PM
We think this fix will also require regulation.

After the regulation kicks-in, we think you will be able to file I-765 form (look-up USCIS website for form I-765). You will need approved I-140 notice. Or, it may be ok if you have the receipt number of your I-140 and might be able to print online status of your I-140 petition and use that to apply for EAD and AP.

This is a good time to ask your employer for copy of I-140 copy/tracking number or preferably I-140 approval notice.

Please wait for the final regulation to get published.

Does it mean even without filing for 485, one can get ead ?

rupen
01-11-2015, 02:26 PM
Another question, how important are the comments? Has it all been decided R can the comments add anything?

Logically thinking, it should be important. If there are no comments, they may think it is not important

krupa
01-11-2015, 04:12 PM
Hello Administrator2

Is there any changes being taking place to get dependent visa (similar to or like H4 visa) for spouse and minor Children of an EAD worker whose:

(1) 140 is approved
(2) H1B not renewed further after started using EAD
(3) 485 , is in pending status and
(4) Dependents are in home country

Currently for such worker dependents visa is being denied.

Has IV already put any proposal / petition to give some sort relief from this type of legal immigrants who are in problems ?

Thanks

abcdgc
01-12-2015, 01:51 PM
We expect that the regs (shot form of regulations) are expected to define “same or similar occupation classification” as “natural progression”.

This means that if your petition was applied as ‘Computer Programmer’, then during the course of natural progression your career, you can hold any position that one can while growing in your career to any position. You can be Senior Programmer, Manager, Director or Vice President or anything that is part of natural progression in your career whatever field you might be in.

The key phrase here is “natural progression”

The time frame of all the fixes as part of EO is expected to be Oct-2015. Some of the fixes could be implemented sooner. And some may take a little more time. But overall Oct-2015 is a decent estimate.

This practically means we will be able to change employer to do whatever we otherwise will want to do after getting green card. Smells FREEDOM at last. THANK YOU!

vikidisi
01-12-2015, 02:03 PM
This practically means we will be able to change employer to do whatever we otherwise will want to do after getting green card. Smells FREEDOM at last. THANK YOU!

If it smells like it - it most certainly is! ImmigrationVoice has toiled for years now to bring this relief. Great job and many thanks to IV

solarjf11
01-12-2015, 02:46 PM
We have brought up this point and have been told that it will not be possible to retroactively make this effective. The reason being, if you change your employer before filing AOS and before the new regulation takes effect, the employer still has the ability to revoke your approved I-140 under current regulation sub-section 8 CFR Sec. 205.1 (a) (3) (iii)(C). We expect this specific subsection of the regulation will be nullified after the new regulations take effect. So in the future the employer will no longer have the ability to revoke your approved I-140.

If you want to take the benefit of this fix then we will not recommend you changing employer without filing Adjustment of Status unless the new regulation takes effect.

Expected time frame: Oct-2015

Dear Administrator2,

Consider the following situation that could happen before the new regulation becomes effective.

If an employee no longer works with the original petitioning employer and the original employer still supports his/her approved I-140 and will not revoke it at all, could you answer following questions:

1) If the original petitioner employer issue a letter that it still supports his/her approved I-140 and will not revoke it, and the new employer has also issued a letter that it will support the original petitioner approved I-140 and employee's application for EAD/I-485, Can that employee files EAD/I-485 without going through new labor and I-140 process?

2) If the step 1 is not possible and after new regulations becomes effective, can an employee join back the original petitioning employer and files EAD/I-485 based on an existing approved I-140 to take the benefit?

I think above situations could happen to a lot of people. I would really appreciate, if you can answer above questions?

satyasrd
01-12-2015, 03:08 PM
Dear Admin2,
Thank you for all the clarifications! We have been patiently waiting in line for years now to file our I-485 and based on your explanation, there seems to be some relief coming our way.
However, there is nothing being mentioned concretely on any of the websites about this EAD upon I140. Can you please comment or give us specific links?

Thank you!

rupen
01-12-2015, 03:14 PM
Dear Admin2,
Thank you for all the clarifications! We have been patiently waiting in line for years now to file our I-485 and based on your explanation, there seems to be some relief coming our way.
However, there is nothing being mentioned concretely on any of the websites about this EAD upon I140. Can you please comment or give us specific links?

Thank you!

Go to the first page of this thread. You will get answers

Administrator2
01-12-2015, 04:40 PM
Dear Admin2,
Thank you for all the clarifications! We have been patiently waiting in line for years now to file our I-485 and based on your explanation, there seems to be some relief coming our way.
However, there is nothing being mentioned concretely on any of the websites about this EAD upon I140. Can you please comment or give us specific links?

Thank you!


As Rupen mentioned and as we shared earlier, this is all part of President's Executive on Immigration. USCIS/DHS is making the regulations right now so these fixes can be made. This information is not available online yet. We are able to share all this because we have been advocating these fixes for years and the Administration agreed to do these fixes. They shared with us in meetings the list of fixes they are doing.

These fixes will become official later in the year and we expect the implementation date as Oct-2015. We will continue to share more information as it becomes available. The intention of sharing this information is provide you with the heads up about what is in the pipeline so that you can make plans accordingly.

Administrator2
01-12-2015, 04:51 PM
Dear Administrator2,

Consider the following situation that could happen before the new regulation becomes effective.

If an employee no longer works with the original petitioning employer and the original employer still supports his/her approved I-140 and will not revoke it at all, could you answer following questions:

1) If the original petitioner employer issue a letter that it still supports his/her approved I-140 and will not revoke it, and the new employer has also issued a letter that it will support the original petitioner approved I-140 and employee's application for EAD/I-485, Can that employee files EAD/I-485 without going through new labor and I-140 process?

2) If the step 1 is not possible and after new regulations becomes effective, can an employee join back the original petitioning employer and files EAD/I-485 based on an existing approved I-140 to take the benefit?

I think above situations could happen to a lot of people. I would really appreciate, if you can answer above questions?

These questions were asked earlier and we did bring these scenarios to the attention of the decision makers as they are writing the regulations. They have not yet shared what can be done in such cases but the key is that they are aware of this and more importantly, they want to help.

We will share more as more information is available. But in the meantime, please continue to share similar ideas that we could put in front of the right decision makers. Again, they want to help.

And if we already did not mention (again), starting or signing online petition or pasting same thing again and again online does not help.

dhakaldoo
01-14-2015, 09:48 AM
Bump

DMX17
01-14-2015, 03:44 PM
IV team,

I am not sure if it is too late to but….One point to consider in the list of suggestions:

Allow application of I-485/EAD/AP at the time of filing I-140 even if PD is not current (not after I-140 is approved). This way, the AC21 180 days after filing I-485 relief starts at the same time as filing the I-140/485/EAD/AP.

The benefit of above would be that the beneficiary does not have to wait for I-140 approval, which for a non-premium case could mean as long as 6-8 months.

Note that the above suggection is consistent with the current regulation of allowing concurrent filing of I-485/140/EAD/AP if PD is current. :)

Thanks.

harishps123
01-15-2015, 11:22 AM
Hearing from a friend in Senator Warrens office that H4 for EAD and EAD for I140 will be announced simultaneously sometime soon. Apparently all the other modernization rules will take time. Any truth to that Admins?

eastindia
01-15-2015, 12:07 PM
Hearing from a friend in Senator Warrens office that H4 for EAD and EAD for I140 will be announced simultaneously sometime soon. Apparently all the other modernization rules will take time. Any truth to that Admins?

An office is added to give legitimacy by some vested interest on other website. I have seen this on other websites. Its nothing new for members who read on IV for news. We all know that H4 rule will come before other rules. If you read Admins posts you will know.

harishps123
01-15-2015, 01:12 PM
But did you know EAD for I140 will also be announced simultaneously? Stop being a dick.

eastindia
01-15-2015, 01:57 PM
harishps123 please mind your language sir. This is not any other website and people come here for sincere discussion. You need to read the posts first and get update. As I said H4 rule will be announced first. Its no brainer. Secondly it does not really matter now when it will be announced. Admin has even given timelines for different rules. You need to read before you post. You just joined. Please spend some time reading posts at least to see how it evolved due to the efforts of Immigrationvoice. Immigrationvoice is in discussion meetings for many years on both rule making and law changes with officials and elected representatives. I trust them instead of any lawyer or someone running just a website to make money or facebook group that has no idea what lobbying is. Its very different here. Lobbying is what gets rules made. It is not any lawyer, facebook likes or petition that brings any rule making changes. You and I need to be going to Washington DC to get more such rules and laws changed.

gten
01-15-2015, 05:41 PM
Hearing from a friend in Senator Warrens office that H4 for EAD and EAD for I140 will be announced simultaneously sometime soon. Apparently all the other modernization rules will take time. Any truth to that Admins?

You have a friend in Senator Warren's office? I admire her.. will she be running for presidency in 2016?

tapanansel
01-15-2015, 10:17 PM
I have one question on H4 EAD rule that as per admin this will be rule by Jan end or Feb starting.

In case spouse of H1B( in first 6 year) with i-140 approved get EAD and start working then her H4 status is invalid ( guess ). Now primary applicant switch Job and his process for GC start again. In that case what will happen to spouse who already working on EAD ?

Will EAD still valid?

rupen
01-15-2015, 10:23 PM
I have one question on H4 EAD rule that as per admin this will be rule by Jan end or Feb starting.

In case spouse of H1B( in first 6 year) with i-140 approved get EAD and start working then her H4 status is invalid ( guess ). Now primary applicant switch Job and his process for GC start again. In that case what will happen to spouse who already working on EAD ?

Will EAD still valid?

H4 status does not become invalid. It is h4 with ead. As long as primary h1 is valid, h4 is valid.

tapanansel
01-15-2015, 10:33 PM
H4 status does not become invalid. It is h4 with ead. As long as primary h1 is valid, h4 is valid.

follow up question : So in case primary applicant switch job spouse will automatically switch to H4 & EAD will become invalid.

and Spouse can get EAD again on new i-140 approval so looks like its similar to L2B EAD

rupen
01-15-2015, 10:35 PM
follow up question : So in case primary applicant switch job spouse will automatically switch to H4 & EAD will become invalid.

and Spouse can get EAD again on new i-140 approval so looks like its similar to L2B EAD

Because primary applicant changes job, h4 does not become invalid as it is not so today also.

nohohon
01-21-2015, 01:38 PM
If you are talking about EAD for H-4 (spouse) (also called spousal authorization) fix then:

The regulation for this is already done. Before Thanksgiving we were told that this will happen in Dec-2014 or January 2015.

Earlier this week (when folks returned after Christmas vacation) we learned that it is still a few weeks away. Could still happen in late January or in February-2015. But this will happen soon.
This doesn't apply to children.

If you are asking about EAD/AP for H4 (spousal and children above 16 years of age):

After the primary applicant get I-140 approval, primary applicant, spouses and other dependents (children) will be eligible for EAD and AP.

Estimated time frame: Oct-2015
Admin - have you heard any updates regarding the H4-EAD rule? I know it's still early enough in January that it could still happen in the next few days but hoping it's not being put on hold after making progress last summer.

eastindia
01-21-2015, 04:15 PM
Admin - have you heard any updates regarding the H4-EAD rule? I know it's still early enough in January that it could still happen in the next few days but hoping it's not being put on hold after making progress last summer.

You know how the government moves. :)
I think you are thinking of every rule making process like a project plan with an end date and all peoples working 24/7 to fix bugs, write code, QA etc ... :)

You should have got the idea about how immigration works from your lawyer by now. Did he reply promptly and file applications promptly for you so far?

Itsmorethanacard
01-23-2015, 08:52 AM
Dear Admin

I have a request for clarification on executive action for high skilled workers. In the DHS website,especially in the DHS memorandum from Mr. Johnson, Secretary to Mr.Rodriguez-it says like this... "USCIS should consider amending its regulations to ensure that approved Long standing visas petitions remain valid in cases where they change jobs or employers"..
I am aware that IV believes that USCIS is going to name regulatory changes to allow for early filing of AOS for approved I 140 to gain benefits of EAD and AP. But reading this part of that memo makes me worried. Because it doesn't talk about extending work authorization unlike the Whitehouse website. The language in the memo somehow makes me think - are they going to make regulatory changes and amendments to allow just portability of an approved I 140 to another employer. 😳 ie just making the provision that if you have an approved I 140 you could transfer it to another employer just like we do H1b transfer. In that case we will still be in h1 visa and no EAD then😳😔. Also they are specifying "approved long standing visas petition"...any idea if this means anything???
I may be totally wrong on my thoughts. I wish I was.. I do not mean to disbelieve IV on anything in this. But just asking a doubt...
Thanks a lot

rupen
01-23-2015, 11:44 AM
Dear Admin

I have a request for clarification on executive action for high skilled workers. In the DHS website,especially in the DHS memorandum from Mr. Johnson, Secretary to Mr.Rodriguez-it says like this... "USCIS should consider amending its regulations to ensure that approved Long standing visas petitions remain valid in cases where they change jobs or employers"..
I am aware that IV believes that USCIS is going to name regulatory changes to allow for early filing of AOS for approved I 140 to gain benefits of EAD and AP. But reading this part of that memo makes me worried. Because it doesn't talk about extending work authorization unlike the Whitehouse website. The language in the memo somehow makes me think - are they going to make regulatory changes and amendments to allow just portability of an approved I 140 to another employer. 😳 ie just making the provision that if you have an approved I 140 you could transfer it to another employer just like we do H1b transfer. In that case we will still be in h1 visa and no EAD then😳😔. Also they are specifying "approved long standing visas petition"...any idea if this means anything???
I may be totally wrong on my thoughts. I wish I was.. I do not mean to disbelieve IV on anything in this. But just asking a doubt...
Thanks a lot

Dhs memo, and stuff on Whitehouse site are not clear. But as posted t the beginning of the thread, there are some things which we believe will happen based on our discussion with officials. Adjustment of status is one of them. When you file Adjustment of status and you get ead, you no longer need to maintain h1b. you can start using ead.

127Karthi
01-23-2015, 12:42 PM
Question 1:
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. What is the meaning of each of these bullet points:
a.) 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.
b.) Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
c.) 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.

Answer 1:

"Question 1 (a.)" means to work on fixing the system so no visa number is wasted IN THE FUTURE. This is NOT related to recapture of unused green cards from the previous years.

"Question 1 (b.)" means streamlining of Visa Bulletin so demand and available visas are calculated more accurately. such the visas are not wasted in the future.

"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.


Could someone please tell me, when this 3rd rule (1c) will be implemented. I am expecting this to be implemented this year. Please tell me if anybody know any latest information on this. Thanks.:confused:

whiteStallion
01-23-2015, 08:28 PM
IV Facebook post today regarding H4-EAD Rule followed by other Admin Fixes (140-EAD ?)

https://www.facebook.com/ImmigrationVoice/posts/857820454284180

aashishkapoor
02-03-2015, 12:45 AM
Dear Administrator,

Please take my this question easily !!

I was expecting EAD for H4 announcement rule month of Jan 2015 as you stated earlier. just wondering, is there is any change in this ? is there something we need to worried about this executing action item ?

Please help us to understand this.

thanks

harishps123
02-03-2015, 04:11 PM
The timeline was late Jan/early Feb. Do NOT worry. It is coming soon, possibly as early as this week, maybe next.

Dear Administrator,

Please take my this question easily !!

I was expecting EAD for H4 announcement rule month of Jan 2015 as you stated earlier. just wondering, is there is any change in this ? is there something we need to worried about this executing action item ?

Please help us to understand this.

thanks[/QUOTE]

VolatilityMaster
02-03-2015, 04:12 PM
dear admin,

many people who attended USCIS hearing mentioned that the head of USCIS implied the announcement of H4EAD has been postponed for so long because there is political pressure against it from higher up. Do you know where the political pressure came from and why?

harishps123
02-03-2015, 04:16 PM
Unless the higher up was god, nothing like that was mentioned. He went out of the way to say its coming soon.

sourab
02-04-2015, 09:47 AM
All Along IV had been saying that "Removal of dependents and Recapture of unused visa is not possible via Admin fix, only Congress can do that by changing Law"
Yet, the comment submitted by IV seems to be opposite.
In the reply to Ensuring Use of All Immigrant Visa Numbers, IV has asked for Admin to recapture the unused visas since 1992.
Also In bullet point no 5 "Exempting dependents of immigrants from numerical limits" IV has suggested that "the Department review pertinent sections of the Immigration and Nationality Act, including INA 203(d), to update its rules for making implementation closer to the existing law by exempting dependents of skilled immigrants from the numerical limits"

Does IV think now that Removal of dependents and Recapture of unused visas can be done by slight changes to rules rather than a new law being passed by Congress?

sivakumar777
02-04-2015, 11:26 AM
lot of folks liek me have moved jobs after their I-140 has been approved. Would administration consider any previously filed and approved I-140 for purposes of giving an EAD or the one attached to current job of the applicant.

gten
02-04-2015, 01:19 PM
lot of folks liek me have moved jobs after their I-140 has been approved. Would administration consider any previously filed and approved I-140 for purposes of giving an EAD or the one attached to current job of the applicant.

It's not known right now. Obama directed USCIS and DOS to come up with solutions to fix/help backlog situation, who in turn asked for public recommendation and the final recommendations will be submitted within 120 days from Nov 20, 2014. Then the recommendations will be published in federal register and follow the rule making process, similar to EAD for H4.

It's too early to answer your question.

Tarang
02-04-2015, 01:53 PM
Admins,

As you mentioned, EAD for I140 is expected around Oct 2015. Was there any discussion or is there any possibility of moving all priority dates current for a month so that people waiting can have EAD/AP by the time rule making takes place (including same/similar occupation, employer can not revoke I140 etc)?

aashishkapoor
02-04-2015, 03:06 PM
Admins,

As you mentioned, EAD for I140 is expected around Oct 2015. Was there any discussion or is there any possibility of moving all priority dates current for a month so that people waiting can have EAD/AP by the time rule making takes place (including same/similar occupation, employer can not revoke I140 etc)?



I thought IV mentioned EAD for H4 will be implemented by end of Jan 2015/ or begging of Feb 2015. Although haven't heard anything latest on this. IV core team can put some light on this.

Xhris
02-04-2015, 04:09 PM
I thought IV mentioned EAD for H4 will be implemented by end of Jan 2015/ or begging of Feb 2015. Although haven't heard anything latest on this. IV core team can put some light on this.

You wouldn't get any answer from the IV core team unless you donate $100 :rolleyes:

sachuin23
02-04-2015, 04:23 PM
You wouldn't get any answer from the IV core team unless you donate $100 :rolleyes:

IV is busy with advocacy event scheduled for next week. Please be appreciative of their time and effort to solve problems all of us are facing.

Desertfox
02-04-2015, 05:48 PM
You wouldn't get any answer from the IV core team unless you donate $100 :rolleyes:

Why would you create a fake new handle just to post this? That says it all about who/what you are :D

spicy_guy
02-04-2015, 05:58 PM
You wouldn't get any answer from the IV core team unless you donate $100 :rolleyes:

Okay, then why don't you pay that $100 to a lawyer to get the answer? Why do you need IV? Grow up, you fakie!

aashishkapoor
02-04-2015, 06:40 PM
You wouldn't get any answer from the IV core team unless you donate $100 :rolleyes:

I am sorry to hear your thought on this.

We all need to support IV, they are fighting for all of us, for our better future.

If you can't support, at least stop spreading wrong info.

Xhris
02-05-2015, 01:38 PM
Why would you create a fake new handle just to post this? That says it all about who/what you are :D

Desertfox sounds very genuine. [non-fake] Take it easy and stop attacking people who don't agree with you.

All I am saying is so many of us keep asking what the other rule that might come after 2 weeks of H4-EAD but IV prefer not to disclose. If that was the case they didn't have to mention it.

mohanbabu400
02-05-2015, 04:00 PM
Desertfox sounds very genuine. [non-fake] Take it easy and stop attacking people who don't agree with you.

All I am saying is so many of us keep asking what the other rule that might come after 2 weeks of H4-EAD but IV prefer not to disclose. If that was the case they didn't have to mention it.

Thats false accusation. If they knew they would tell us. If they knew it means its more of a formal information and other immigration people might knew it too (ex: murthy law firm and there are bunch). So just wait until they update and stop cribbing about this

greyhair
02-05-2015, 04:19 PM
Thats false accusation. If they knew they would tell us. If they knew it means its more of a formal information and other immigration people might knew it too (ex: murthy law firm and there are bunch). So just wait until they update and stop cribbing about this

I think Xhris is one of those thankless person who will never ever be happy no matter what. This person is not being appreciative that someone is working on getting something done for us. Rather he is swinging and attacking because his curiosity to know NOW is the most important thing. Did someone say selfish and impatient?

mohanbabu400, What makes you think that murthy knows anything about this? Are you one of those you think immigration lawyers are gods? I remember someone back murthy was saying backlogs is good for people waiting for green cards. Obviously, lawyers have their own reason to be happy about backlogs and so they were telling others that how waiting in backlogs is good for you :rolleyes:

I think IV knows the exact fix but it is possible that due to commitment to specific authority they are not publicly telling us yet unless it is cleared by that specific authority.

mohanbabu400
02-05-2015, 04:31 PM
I think Xhris is one of those thankless person who will never ever be happy no matter what. This person is not being appreciative that someone is working on getting something done for us. Rather he is swinging and attacking because his curiosity to know NOW is the most important thing. Did someone say selfish and impatient?

mohanbabu400, What makes you think that murthy knows anything about this? Are you one of those you think immigration lawyers are gods? I remember someone back murthy was saying backlogs is good for people waiting for green cards. Obviously, lawyers have their own reason to be happy about backlogs and so they were telling others that how waiting in backlogs is good for you :rolleyes:

I think IV knows the exact fix but it is possible that due to commitment to specific authority they are not publicly telling us yet unless it is cleared by that specific authority.

Well looks like you are too quick to make your own conclusions. All i said was if its known to IV then other immigration firms might know too and Murthy Law firm was just an example i gave and they are bunch of them. Do you think only IV knows everything and nobody else? And most of all i am not sure what makes you think that IV knows something. If at all they do let them say something at their liberty and they won;t tell you just because you keep posting message and asking them. And please stop pointing fingers at others. I don't want to be in this useless arguments business. Njoy and have fun

Xhris
02-05-2015, 06:51 PM
Do you think only IV knows everything and nobody else? And please stop pointing fingers at others. I don't want to be in this useless arguments business. Njoy and have fun

Amen to that brother. :cool:

braveone
02-06-2015, 01:17 AM
Well looks like you are too quick to make your own conclusions. All i said was if its known to IV then other immigration firms might know too and Murthy Law firm was just an example i gave and they are bunch of them. Do you think only IV knows everything and nobody else? And most of all i am not sure what makes you think that IV knows something. If at all they do let them say something at their liberty and they won;t tell you just because you keep posting message and asking them. And please stop pointing fingers at others. I don't want to be in this useless arguments business. Njoy and have fun

It is ignorant to believe that if IV knows something then other immigration firms might know too. Immigration lawyers are always lying. They don't know what is going on. I find their predictions WRONG 100% of the time. Others are free to disagree but while I do not believe that "only IV knows everything and nobody else does", I do not believe that law firms know nothing at all, most of all Murthy. And yes, I do believe that IV know what will happen.

Only IV posted that something else will happen 2 weeks after EAD for H4. Is there any lawyer who said it. How likely is it that IV knows a specific timeline but they not know about the fix

Naresh-Gehi
02-06-2015, 03:55 AM
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Murthy
02-06-2015, 07:44 AM
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This is my personal advise for those who do not have trust on IV and make fun comments. Please contact Immigration Attorneys NYC | USA Deportation Lawyers | New York Law Firm (http://www.immigrationquestion.com/).

Please do not waste your time on this forum who run by selfless hard working people.

waitingnwaiting
02-06-2015, 10:00 AM
I thought IV mentioned EAD for H4 will be implemented by end of Jan 2015/ or begging of Feb 2015. Although haven't heard anything latest on this. IV core team can put some light on this.

I thought IV mentioned EAD for H4 will be implemented by end of Jan 2015/ or begging of Feb 2015. Although haven't heard anything latest on this. IV core team can put some light on this.

I know the reasons why these rules have not been implemented yet and also know when. Here are some useful information to know first.

There are fringe lunatics in our big community that rule the online world. They shut down voices and own the platforms where people can become aware. I am talking about online forums, trackers, predictors etc. While there is financial interest involved by the owners, it is actually the people who provide them with financial benefit should take the blame. These lunatics are vocal on such platforms, abusive, brash, and all the dirty words. They cannot engage in civil debate and this is why they got banned on Immigration voice. They squatter on other sites and dissuade people against doing advocacy that will actually help them get out of their problems. It will be a matter of investigation if these people have any financial interest in this or they are plain lunatics. The larger population of immigrants figure out what they need to do to uplift themselves after 10 years in this country on an average. For the initial 5 years they trust lawyers more than their Gods. After 5 years their trust is divided between prediction and tracker forums and lawyers. So finally due to indoctrination into selfishly looking at their own case above a viable common solution, there is lack of unity and interest in real solution: advocacy path of Immigration voice.

The second reason are the people who are intellectually innocent. These are mostly H4 people and people who have no idea about this country they live in despite being here for many years. They still believe that by creating a facebook page they can change the world. By tweeting they can make earth into a cube from a sphere. They firmly believe that by anonymously signing an online petition the world will get rid of hungers and famines forever. They refuse to believe that by contributing financially to Immigrationvoice and going physically to advocacy days in Washington DC a rule can be changed. They still believe that if 1 Million people tweet, a reporter will notice and will do a sob story of their problem and then someone in some place will read it, feel pity and do the needful. Most of these people are from developing nations and I am astonished how they think by creating a facebook group or making a website they can change the world. If that was true, why have they not created a facebook group and an online petition for their home country to get rid of corruption forever? These are blind people who are wasting their talents by not helping immigration voice. To a large extent they are anti-immigrants because they are hurting themselves by being so closed.

These are 2 main reasons why backlogs will never clear and rules will never happen. There is no point blaming others outside our own population.

waitingnwaiting
02-06-2015, 10:08 AM
The third reason is that despite being in this country for over a decade most people have no idea how politics work. They think by sending emails or meeting politicians they can change everything. They cannot see beyond the smiles and tall promises. They do not care to read more and investigate more themselves despite living in an online world. They have no idea how elections are fought, how they can support their representatives, how lobbying work, how fundraisers happen, how does a PAC work, how news stories are done, how research is funded to get results published etc. If they know this, they will sign up for a monthly contribution of $50 per month to get their greencard ASAP.

panchi2131
02-06-2015, 11:16 AM
I know the reasons why these rules have not been implemented yet and also know when. Here are some useful information to know first.

There are fringe lunatics in our big community that rule the online world. They shut down voices and own the platforms where people can become aware. I am talking about online forums, trackers, predictors etc. While there is financial interest involved by the owners, it is actually the people who provide them with financial benefit should take the blame. These lunatics are vocal on such platforms, abusive, brash, and all the dirty words. They cannot engage in civil debate and this is why they got banned on Immigration voice. They squatter on other sites and dissuade people against doing advocacy that will actually help them get out of their problems. It will be a matter of investigation if these people have any financial interest in this or they are plain lunatics. The larger population of immigrants figure out what they need to do to uplift themselves after 10 years in this country on an average. For the initial 5 years they trust lawyers more than their Gods. After 5 years their trust is divided between prediction and tracker forums and lawyers. So finally due to indoctrination into selfishly looking at their own case above a viable common solution, there is lack of unity and interest in real solution: advocacy path of Immigration voice.

The second reason are the people who are intellectually innocent. These are mostly H4 people and people who have no idea about this country they live in despite being here for many years. They still believe that by creating a facebook page they can change the world. By tweeting they can make earth into a cube from a sphere. They firmly believe that by anonymously signing an online petition the world will get rid of hungers and famines forever. They refuse to believe that by contributing financially to Immigrationvoice and going physically to advocacy days in Washington DC a rule can be changed. They still believe that if 1 Million people tweet, a reporter will notice and will do a sob story of their problem and then someone in some place will read it, feel pity and do the needful. Most of these people are from developing nations and I am astonished how they think by creating a facebook group or making a website they can change the world. If that was true, why have they not created a facebook group and an online petition for their home country to get rid of corruption forever? These are blind people who are wasting their talents by not helping immigration voice. To a large extent they are anti-immigrants because they are hurting themselves by being so closed.

These are 2 main reasons why backlogs will never clear and rules will never happen. There is no point blaming others outside our own population.

The H4-EAD rule went into fnal stage yesterday .

http://www.reginfo.gov/public/jsp/EO/eoDashboard.jsp?agency_cd=0000&agency_nm=All&stage_cd=4&from_page=index.jsp&sub_index=0

Department of Homeland Security
AGENCY: DHS-USCIS RIN: 1615-AB92
TITLE: Employment Authorization for Certain H-4 Dependent Spouses
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 02/05/2015 LEGAL DEADLINE: None

greyhair
02-06-2015, 11:45 AM
The H4-EAD rule went into fnal stage yesterday .

http://www.reginfo.gov/public/jsp/EO/eoDashboard.jsp?agency_cd=0000&agency_nm=All&stage_cd=4&from_page=index.jsp&sub_index=0

Department of Homeland Security
AGENCY: DHS-USCIS RIN: 1615-AB92
TITLE: Employment Authorization for Certain H-4 Dependent Spouses
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 02/05/2015 LEGAL DEADLINE: None

waitingnwaiting, Although I admire your honest and intellectually thoughtful message, I must also mention that the blind cannot see just a fool cannot think straight. This message from panchi2131 is a living proof of what you were trying to highlight :rolleyes:

panchi2131, What good is EAD for H4 for your wife (or husband), who is being exploited by the employer, can no longer maintain H1 status decade after decade (i.e. waiting for green card). Your H4 visa will not be valid if your spouse's H-1 is no longer valid. You do know that, right?

panchi2131
02-06-2015, 12:46 PM
waitingnwaiting, Although I admire your honest and intellectually thoughtful message, I must also mention that the blind cannot see just a fool cannot think straight. This message from panchi2131 is a living proof of what you were trying to highlight :rolleyes:

panchi2131, What good is EAD for H4 for your wife (or husband), who is being exploited by the employer, can no longer maintain H1 status decade after decade (i.e. waiting for green card). Your H4 visa will not be valid if your spouse's H-1 is no longer valid. You do know that, right?


the exploitation of h1 candidate is not with this rule talks about .The rule is for H4-Ead (and thats the exploitation i am more concerned about ) .

I meant to actually quote the 2 guys waitingnwaiting quoted since they seemed more concerned about any updates regarding H4-EAD rule ,but ended up quoting waitingnwaiting ,blame it on my rookie forum skills .:O

Cheers ,
panchi2131

sivakumar777
02-06-2015, 01:10 PM
Is this rule applies to H4 people those primary H1b visa holders has I-140 approval with company A and the candidate working for CompanyB (not yet started GC process with companyB)

waitingnwaiting
02-06-2015, 01:54 PM
Is this rule applies to H4 people those primary H1b visa holders has I-140 approval with company A and the candidate working for CompanyB (not yet started GC process with companyB)
Whatever it is , this rule is eagerly awaited by 3 kinds of people. Desi consulting companies big and small, lawyers and H4 folks. Lawyers you know why. Desi companies are more interested in this rule more than the H4s themselves. They are just waiting to hire new workers for a salary that is lower than market rate because H4EAD does not have market rate test. There is no Labor certification like you do for new H1B. So technically an H4EAD can work for $1/Hr and replace a US citizen making $50/Hr. There is a large H4 population waiting for this rule. A testimony Congress said more than 1 Million H4s. Many H4s are low skilled so they are likely to take away jobs for in the low end of the market in store clerks and associates in shopping chains etc. The impact will be felt by US citizens when their wages will be depressed by the sudden flood because this rule is not being done in a phased manner.

Each new H4 hired will be vulnerable to exploitation. There is no check mechanism added in this rule to curb this. It is unfortunate that every H4 is seeing this from a narrow selfish lens and does not care about the impact of this rule on the large immigrant population. There is already a bad PR about immigrants in the IT industry. Every other person is an immigrant employed. Americans are no longer getting jobs, paid less, getting replaced or Banglored. The middle aged IT professionals with wealth of experience cannot find IT jobs today. I am not kidding. You need to read their boards and IT job sites where they discuss. For once go outside the tracking and prediction forums and see the other side of Immigration. Companies will love H4 EAD because they will get cheap labor but an ordinary US citizen worker will be hurt.

Anti-immigrant organizations are putting all their energies in stopping or reversing EO for undocumented. The H4 rule is slipping under the radar and will become a reality soon. But in the excitement of the rule, everyone is ignoring a very dark side of this rule.

You may say it is globalization. But globalization also works both ways. India for example does not allow foreign workers immigrate or work in their country easily. They should also allow people from Bangladesh or other poor countries around the world to find work in India and work on at least an EAD?

You may say giving H4EAD will boost economy. Is there a shortage of workers now? Go ask unemployed Americans this question. They have so much hatred for immigrants in high tech sector bangloring jobs or coming here to replace them. The H4EAD folks do not even have any numbers to show how economy will improve if EAD rule happens. They have nothing to present their case.

You may say innovation will start if this rule happens. Tell me how much innovation happens by H1Bs? The best and the brightest always get EB1 extra ordinary green cards and it is always available and unused. Innovation cannot happen by becoming a low cost worker for a consulting firm or becoming a cashier for a local store on EAD.

There is a lot one can debate. I urge people to keep an open mind and always see both sides of the coin. H4EAD rule is not everything. It is just one drop of poison in a big glass of milk. The real reform would have been cleaning up the EB immigration system of the country and bringing in immigrants in a phased manner proportional to market needs without exploitation. I bet almost everyone on forums will not want that to happen. Because the reason why they come to forums is to simply get their greencard, more more money and get on with life after greencard. Very few think in the larger context and want good for the country they want to make as their home.

I really hoped there was a civil debate among immigrants about pros and cons of rules and then organization could work for or against such rule based on the outcome of discussion. Maybe this rule could have been altered to make it exploitation proof for immigrants and phased so that US workers do not get affected. But nobody wanted any of that. All they wanted was an EAD so that their income level increases!!

nohohon
02-06-2015, 02:29 PM
I think you've made way too many assumptions in your argument:
1. That all or a majority of the H4 EADs will be working as contractors in the IT industry for desi consulting companies. This argument has no basis in reality. My spouse for example is a marketing major and has nothing to do with IT. Another friend on H4 has background as a Financial Analyst. Before you accuse others of looking at this issue through a narrow lens, you should probably do the same.
2. The H4 visa holders would have been working - taking those very same jobs that you complain that Americans are losing out on - if the immigration system didn't have the backlog that it does. If there were no country based caps, there are H4 people who would have been working for several years.
3. The estimated number of applicants is 100k in the first year. 100k in a nation of 300 million is a drop in the bucket.

Note that I am for the system to be reformed, for visa fraud to be reduced and for the desi consulting companies (that take money from applicants to file a H1B visa) to be shut down. However, you're painting almost entire IT community with a very broad brush.

waitingnwaiting
02-06-2015, 03:03 PM
I think you've made way too many assumptions in your argument:
1. That all or a majority of the H4 EADs will be working as contractors in the IT industry for desi consulting companies. This argument has no basis in reality. My spouse for example is a marketing major and has nothing to do with IT. Another friend on H4 has background as a Financial Analyst. Before you accuse others of looking at this issue through a narrow lens, you should probably do the same.
2. The H4 visa holders would have been working - taking those very same jobs that you complain that Americans are losing out on - if the immigration system didn't have the backlog that it does. If there were no country based caps, there are H4 people who would have been working for several years.
3. The estimated number of applicants is 100k in the first year. 100k in a nation of 300 million is a drop in the bucket.

Note that I am for the system to be reformed, for visa fraud to be reduced and for the desi consulting companies (that take money from applicants to file a H1B visa) to be shut down. However, you're painting almost entire IT community with a very broad brush.

1. There is not much difference between desi companies and corporate US. One is brazen other is subtle. But ends are same.
2. Not really. H4 is for an H1B dependent visa. While there is a quota on H1B, H4 does not have quota. There is a greater number of H4s. Even in H1B the population of exempt quota H1B is more. Green card queue also has people from Business manager visas etc too. The H4s who would been working would be ones whose spouses would have applied for Greencards. Not all H4s are included in this set. It is still disputed if all the greencard ask lists will be finally passed as people desire. There is always a tussle between what companies want and what US citizens want. Companies have more to gain with more H1 and H4 instead of more greencard. It does not matter what immigrants on H1B and I140 want because immigrants dont do advocacy and do not spend on advocacy. Whatever they spend is a drop compared to companies. This info will burst the bubble of people sitting on facebook groups and forums thinking that they are doing something great.
3. where is 100K figure come from? Any link from a government data? That is not believable.

The entire industry IT or non IT. US or Desi are more or less the same. At the end of the day they have to be profitable to shareholders or owners. The means are different but end is same. Who will not want cheaper workforce to increase profits? its a simple math.

kingvijay
02-06-2015, 03:24 PM
Whatever it is , this rule is eagerly awaited by 3 kinds of people. Desi consulting companies big and small, lawyers and H4 folks. Lawyers you know why. Desi companies are more interested in this rule more than the H4s themselves. They are just waiting to hire new workers for a salary that is lower than market rate because H4EAD does not have market rate test. There is no Labor certification like you do for new H1B. So technically an H4EAD can work for $1/Hr and replace a US citizen making $50/Hr. There is a large H4 population waiting for this rule. A testimony Congress said more than 1 Million H4s. Many H4s are low skilled so they are likely to take away jobs for in the low end of the market in store clerks and associates in shopping chains etc. The impact will be felt by US citizens when their wages will be depressed by the sudden flood because this rule is not being done in a phased manner.

Each new H4 hired will be vulnerable to exploitation. There is no check mechanism added in this rule to curb this. It is unfortunate that every H4 is seeing this from a narrow selfish lens and does not care about the impact of this rule on the large immigrant population. There is already a bad PR about immigrants in the IT industry. Every other person is an immigrant employed. Americans are no longer getting jobs, paid less, getting replaced or Banglored. The middle aged IT professionals with wealth of experience cannot find IT jobs today. I am not kidding. You need to read their boards and IT job sites where they discuss. For once go outside the tracking and prediction forums and see the other side of Immigration. Companies will love H4 EAD because they will get cheap labor but an ordinary US citizen worker will be hurt.

You may say it is globalization. But globalization also works both ways. India for example does not allow foreign workers immigrate or work in their country easily. They should also allow people from Bangladesh or other poor countries around the world to find work in India and work on at least an EAD?

You may say giving H4EAD will boost economy. Is there a shortage of workers now? Go ask unemployed Americans this question. They have so much hatred for immigrants in high tech sector bangloring jobs or coming here to replace them. The H4EAD folks do not even have any numbers to show how economy will improve if EAD rule happens. They have nothing to present their case.

You may say innovation will start if this rule happens. Tell me how much innovation happens by H1Bs? The best and the brightest always get EB1 extra ordinary green cards and it is always available and unused. Innovation cannot happen by becoming a low cost worker for a consulting firm or becoming a cashier for a local store on EAD.

There is a lot one can debate. I urge people to keep an open mind and always see both sides of the coin. H4EAD rule is not everything. It is just one drop of poison in a big glass of milk. The real reform would have been cleaning up the EB immigration system of the country and bringing in immigrants in a phased manner proportional to market needs without exploitation. I bet almost everyone on forums will not want that to happen. Because the reason why they come to forums is to simply get their greencard, more more money and get on with life after greencard. Very few think in the larger context and want good for the country they want to make as their home.

I really hoped there was a civil debate among immigrants about pros and cons of rules and then organization could work for or against such rule based on the outcome of discussion. Maybe this rule could have been altered to make it exploitation proof for immigrants and phased so that US workers do not get affected. But nobody wanted any of that. All they wanted was an EAD so that their income level increases!!

What are you afraid of? Were you also afraid of fresh out of college OPTs taking your job because they have EAD and can work anywhere and there are not wage determinations?

Not all H4s will look for jobs in IT and there definitely are not a million of H4s who will now be eligible, less than half at most. No one is taking anyone else's job unless they are capable and the person hiring knows what he is looking for.

Your post is a very good example of an immigrant being another immigrant's enemy. Finally something good is happening, and here comes the immigrant who suddenly wants to close the door on people behind in the line.

Your economic arguments make no sense either. H4 spouses are usually well educated and very unlikely to look for jobs at the low end of the market. Higher end of the market has enough jobs to accomodate anyone qualified enough. For a country, the economic argument is very simple - the higher the ratio of working people to population, the better it is. It doesn't help anyone to forcibly make a section of the population sit at home when they can contribute.

If you think H1s do not provide value to the economy, that only indicates your self-esteem as a H1. There are thousands of H1B workers who perform tremendous work for their companies and make them competitive in the global sphere.

A number of H4s will do the same, having been freed from the demons of H1 paperwork. Make no mistake, eventually you will see a current day H4 person join and rise through the ranks to become another Satya Nadella or Indra Nooyi because of this small change in immigration law.

harishps123
02-06-2015, 03:40 PM
Hello Sir, So what is the time line for the H4 EAD rule to be final?

Whatever it is , this rule is eagerly awaited by 3 kinds of people. Desi consulting companies big and small, lawyers and H4 folks. Lawyers you know why. Desi companies are more interested in this rule more than the H4s themselves. They are just waiting to hire new workers for a salary that is lower than market rate because H4EAD does not have market rate test. There is no Labor certification like you do for new H1B. So technically an H4EAD can work for $1/Hr and replace a US citizen making $50/Hr. There is a large H4 population waiting for this rule. A testimony Congress said more than 1 Million H4s. Many H4s are low skilled so they are likely to take away jobs for in the low end of the market in store clerks and associates in shopping chains etc. The impact will be felt by US citizens when their wages will be depressed by the sudden flood because this rule is not being done in a phased manner.

Each new H4 hired will be vulnerable to exploitation. There is no check mechanism added in this rule to curb this. It is unfortunate that every H4 is seeing this from a narrow selfish lens and does not care about the impact of this rule on the large immigrant population. There is already a bad PR about immigrants in the IT industry. Every other person is an immigrant employed. Americans are no longer getting jobs, paid less, getting replaced or Banglored. The middle aged IT professionals with wealth of experience cannot find IT jobs today. I am not kidding. You need to read their boards and IT job sites where they discuss. For once go outside the tracking and prediction forums and see the other side of Immigration. Companies will love H4 EAD because they will get cheap labor but an ordinary US citizen worker will be hurt.

Anti-immigrant organizations are putting all their energies in stopping or reversing EO for undocumented. The H4 rule is slipping under the radar and will become a reality soon. But in the excitement of the rule, everyone is ignoring a very dark side of this rule.

You may say it is globalization. But globalization also works both ways. India for example does not allow foreign workers immigrate or work in their country easily. They should also allow people from Bangladesh or other poor countries around the world to find work in India and work on at least an EAD?

You may say giving H4EAD will boost economy. Is there a shortage of workers now? Go ask unemployed Americans this question. They have so much hatred for immigrants in high tech sector bangloring jobs or coming here to replace them. The H4EAD folks do not even have any numbers to show how economy will improve if EAD rule happens. They have nothing to present their case.

You may say innovation will start if this rule happens. Tell me how much innovation happens by H1Bs? The best and the brightest always get EB1 extra ordinary green cards and it is always available and unused. Innovation cannot happen by becoming a low cost worker for a consulting firm or becoming a cashier for a local store on EAD.

There is a lot one can debate. I urge people to keep an open mind and always see both sides of the coin. H4EAD rule is not everything. It is just one drop of poison in a big glass of milk. The real reform would have been cleaning up the EB immigration system of the country and bringing in immigrants in a phased manner proportional to market needs without exploitation. I bet almost everyone on forums will not want that to happen. Because the reason why they come to forums is to simply get their greencard, more more money and get on with life after greencard. Very few think in the larger context and want good for the country they want to make as their home.

I really hoped there was a civil debate among immigrants about pros and cons of rules and then organization could work for or against such rule based on the outcome of discussion. Maybe this rule could have been altered to make it exploitation proof for immigrants and phased so that US workers do not get affected. But nobody wanted any of that. All they wanted was an EAD so that their income level increases!!

waitingnwaiting
02-06-2015, 03:53 PM
Hello Sir, So what is the time line for the H4 EAD rule to be final?

How come the lawyers who people revere is not telling you? How come that owner of the facebook group not telling you? They are more interested in claiming a credit for doing nothing other than creating a facebook page and tweeting. It is so funny. I saw some of them taking updates from admin here and posting as their own achievement there. When someone posts IV related information or even a link to Immigrationvoice, there post is deleted and banned. This is why I said the behavior is anti-immigrant.

IV has told its volunteers and I know from them. But its not to be revealed because they have to take permission before making it public. But I can say this, if you want to know more details you should attend the advocacy days next week in Washington DC by Immigration Voice.

greyhair
02-06-2015, 03:54 PM
Hello Sir, So what is the time line for the H4 EAD rule to be final?

waitingnwaiting, This above post is the best you will get in terms of response to your intellectually honest post. What is the timeline..... ? :p Some will attack you claiming you are against H-4 dependents and women-power, others will call you as if you want to close the door on them. With their feeble brain they are unable to understand whatever you are trying to tell them. But no harm in trying again, and again, and again.... maybe one day.....

waitingnwaiting
02-06-2015, 03:56 PM
What are you afraid of? Were you also afraid of fresh out of college OPTs taking your job because they have EAD and can work anywhere and there are not wage determinations?

Not all H4s will look for jobs in IT and there definitely are not a million of H4s who will now be eligible, less than half at most. No one is taking anyone else's job unless they are capable and the person hiring knows what he is looking for.

Your post is a very good example of an immigrant being another immigrant's enemy. Finally something good is happening, and here comes the immigrant who suddenly wants to close the door on people behind in the line.

Your economic arguments make no sense either. H4 spouses are usually well educated and very unlikely to look for jobs at the low end of the market. Higher end of the market has enough jobs to accomodate anyone qualified enough. For a country, the economic argument is very simple - the higher the ratio of working people to population, the better it is. It doesn't help anyone to forcibly make a section of the population sit at home when they can contribute.

If you think H1s do not provide value to the economy, that only indicates your self-esteem as a H1. There are thousands of H1B workers who perform tremendous work for their companies and make them competitive in the global sphere.

A number of H4s will do the same, having been freed from the demons of H1 paperwork. Make no mistake, eventually you will see a current day H4 person join and rise through the ranks to become another Satya Nadella or Indra Nooyi because of this small change in immigration law.

You have some good arguments. I like to debate topics and keep discussion civil with no personal attacks. But the question is how will these arguments help? Unless people having differing views also become stakeholders in the real funded advocacy effort the voices on the forum will be lost. The real voices heard by policymakers are of company lobbyists, anti immigrant organizations and some small group called immigrationvoice. There is absolutely nobody else for or against H4EAD rule in reality who can make a difference.

Itsmorethanacard
02-06-2015, 04:22 PM
As Rupen shared above, President announced certain changes on November 21st. In his announcement he instructed specific agencies to make certain changes to the interpretation of the law. We had subsequently shared what changes were under consideration and decided by the Administration.

Now because there is a federal process for making any regulatory changes, the link you posted above is the first step of that process to make changes to the regulation. It can be confusing because the process requires them to ask for comments and suggestions. But the fixes that we shared earlier were already explored and decided by the Administration based on what is within the bounds of the existing law and the authority of the President.

So in essence, President's announcement and this recent Federal Register process is not 2 different things. Its the same but different stages of the same process. We encourage everyone to post their comments. But just because one will ask for more green cards doesn't mean that the President can increase green cards. Your comments will carry any meaning if it is within the bounds of the legal authority of the President. Based on what was shared with everyone earlier, it is already known what is within the legal bounds of the existing law.

Again, as Rupen pointed out, this Federal Register posting is not about increasing green cards/recapture/exempting dependents etc. We have tried to explain this earlier. People will read what they want to read so it is easy for some folks to think as if they are asking to post comments for recapture :-), but that is not the case.

Everyone is still free to post whatever comments you like. But try posting comments citing specific law and legal basis rather than ranting or emotional outburst. This is an official process and it demands formal response with legal basis showing reasoning for how specific change is possible (WITHIN THE EXISTING LAW) and why the suggested change will bring the implementation closer to the existing or intent of the law.

Hope this answers your question.

-----------------------------------------------------------------------------------------------
Hi,

So is Pre-filing of AOS with approved I-140 a part of Visa Modernization Study or is it a seperate process like finalizing EAD for H4 or the reforms/fixes in OPT)?? Because in the text of Visa Modernization study it was mentioned that H4EAD, Strengthening and extending OPT, Reforms for NIW and Entrepreneurs etc has seperate processes in place and we should not comment on them. So since they didnt say that a seperate process exist for job portability/expanding work authorization (pre-filing of AOS), does it mean that this admin fix is a part of Visa Modernization Study and its coming up regulatory rulemaking steps....OR... Should we expect this fix to come up independently around October 2015??/

harishps123
02-06-2015, 04:26 PM
So maybe instead of Sir, I had said asshole I would have gotten a decent response. I had an ulterior motive when I asked that stupid question i.e some evidence of the kind of assholes who plague this group aka greyhair, waitingnwaiting and others who turn a harmless question and portray that really innocuous question in bad light before I write to Aman Kapoor on how poorly this group is managed, savaged by stray dogs waiting to barck such as yourself. Firstly ur profile name greyhair suits you just fine - you are just one those idiots whose hair has turned grey waiting for your GC and waitingnwaiting can keep waiting n waiting.. if you wanna talk qualifications and how dim wit I am, wanna compare qualifications??


waitingnwaiting, This above post is the best you will get in terms of response to your intellectually honest post. What is the timeline..... ? :p Some will attack you claiming you are against H-4 dependents and women-power, others will call you as if you want to close the door on them. With their feeble brain they are unable to understand whatever you are trying to tell them. But no harm in trying again, and again, and again.... maybe one day.....

panchi2131
02-06-2015, 04:34 PM
Hello Sir, So what is the time line for the H4 EAD rule to be final?

we are in stage 8 of 9 step process

http://www.reginfo.gov/public/reginfo/Regmap/regmap.pdf

so maybe couple of months before it is published :)

harishps123
02-06-2015, 04:48 PM
Dude Panchi, I wasnt really looking for an answer but its just annoying how each such some one such as yourself posts or asks a question, these immigration gods, so they think, wait to respond sarcastically.

we are in stage 8 of 9 step process

http://www.reginfo.gov/public/reginfo/Regmap/regmap.pdf

so maybe couple of months before it is published :)

nohohon
02-06-2015, 05:22 PM
3. where is 100K figure come from? Any link from a government data? That is not believable.


The 100k figure comes from the estimate provided by the USCIS. Please refer to table 1 in the link below for details. As mentioned previously, this is their estimate for the first year. The USCIS estimates a figure of about 36k annually after that. The numbers are relatively low because not all H4 spouses qualify but only "certain" H4s qualify.

Regulations.gov (http://www.regulations.gov/#!documentDetail;D=USCIS-2010-0017-0001)


The entire industry IT or non IT. US or Desi are more or less the same. At the end of the day they have to be profitable to shareholders or owners. The means are different but end is same. Who will not want cheaper workforce to increase profits? its a simple math.
I am not sure how to respond to this. In essence, your argument is that all employers are inherently evil and will force H4 EADs to work for low wages. This isn't a H4 specific problem - it can just as easily happen (and it does happen) to H1B employees. The only additional hurdle is a bit of paperwork.

longwait4gc
02-06-2015, 09:39 PM
Many H4s are low skilled so they are likely to take away jobs for in the low end of the market in store clerks and associates in shopping chains etc. The impact will be felt by US citizens when their wages will be depressed by the sudden flood because this rule is not being done in a phased manner.
.....
All they wanted was an EAD so that their income level increases!!

They want EAD because it gives them self respect.

With this kind of talk do you expect all the H4's and H1B spouses to contribute to your organization. Honestly I stopped contributing to IV just because of this reason.

Similar arguments can be made by anti immigrants on legal immigrants about wage depression etc..

So lets feel happy for the rule and encourage them to join the fight instead belittling them.

greyhair
02-07-2015, 12:16 AM
So maybe instead of Sir, I had said asshole I would have gotten a decent response. I had an ulterior motive when I asked that stupid question i.e some evidence of the kind of assholes who plague this group aka greyhair, waitingnwaiting and others who turn a harmless question and portray that really innocuous question in bad light before I write to Aman Kapoor on how poorly this group is managed, savaged by stray dogs waiting to barck such as yourself. Firstly ur profile name greyhair suits you just fine - you are just one those idiots whose hair has turned grey waiting for your GC and waitingnwaiting can keep waiting n waiting.. if you wanna talk qualifications and how dim wit I am, wanna compare qualifications??

No one gives a flying f#@k about what you say or how you address. I need not tell you what prompted my message, learn some manners yourself first. waitingnwaiting had articulated a thoughtful post. And in response, like an illiterate person your response was - when will it happen? maybe you are not capable of thinking beyond - when will it happen?

Throw what you got - so what are you, 6th grade fail? Or needed 3 years to pass 7th grade? Lets dance

greyhair
02-07-2015, 12:21 AM
Dude Panchi, I wasnt really looking for an answer but its just annoying how each such some one such as yourself posts or asks a question, these immigration gods, so they think, wait to respond sarcastically.

oh so you weren't looking for an answer but wanted to pick a fight, nice. But then you blame others. I never claimed to be a god, rather I am an ordinary person living my life and visit this forum frequently. But I never miss a chance to poke at illiterate 6th grade fail EAD wannabees who only have one question - when will it happen, when will it happen - like a 3 years old who keeps asking - are we there yet, are we there yet....

konerusai
02-07-2015, 12:24 AM
02/05/2015: USCIS Finally Submitted Today H-4 EAD Final Rule for OMB Approval: A Final Step for Implementation of Legally Binding Rule

Very good news for certain H-4 spouses. After some delays, this final rule has been presented to the White House OMB today for approval. It may take from 30 days to 60 days for the OMB approval, but it is a very good news.

Source: Immigration-law.com

panchi2131
02-07-2015, 09:04 PM
oh so you weren't looking for an answer but wanted to pick a fight, nice. But then you blame others. I never claimed to be a god, rather I am an ordinary person living my life and visit this forum frequently. But I never miss a chance to poke at illiterate 6th grade fail EAD wannabees who only have one question - when will it happen, when will it happen - like a 3 years old who keeps asking - are we there yet, are we there yet....

when will it happen:eek:

are we there yet:o

:poke: ;)

127Karthi
02-09-2015, 02:37 PM
Hi Admin,

When i was browsing, i found below link which talks about the I-140 filling. And also, it says that we can file both I-140 and I-485 (EAD) at same time. is that mean, that we can file I-485 without waiting for date to be current? If yes, how is this different from President's Executive's action to file EAD (I-485) after I-140 approved. Could you please help us to understand. Thanks.

http://www..com/i140-process

munnabhaimbbs
02-09-2015, 03:10 PM
Yes can you also let us know the status of the executive order process. Is there any chance for people like me who have (Approvedd I-140) to get an EAD this year.

konerusai
02-09-2015, 03:38 PM
Visa Bulletin For March 2015 (http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-march-2015.html)

konerusai
02-09-2015, 04:20 PM
http://www.uscis.gov/sites/default/files/EB_I-485_Pending_Inventory_as_of_1_12_2015.pdf

gc_wannabe2013
02-09-2015, 11:14 PM
Hi,
Thank you all for your continued efforts. I have a question regarding H4 EAD which I believe, after lurking on the forums for a few months, has not been asked :) This is for those spouses whose principals have extended their stay under the provisions of AC21.

My I-140 was approved with company A last year. Now, I am planning to make a switch to some company B in October 2015. If I understand the rules correctly, my H-1B would be extended by 3 years to october 2018 under AC21.
Will my spouse need to wait till the new company files the perm ?
or is she always eligible for EAD since AC21 once done stays forever?

Thanks :)

DMX17
02-10-2015, 09:46 AM
Hi,
Thank you all for your continued efforts. I have a question regarding H4 EAD which I believe, after lurking on the forums for a few months, has not been asked :) This is for those spouses whose principals have extended their stay under the provisions of AC21.

My I-140 was approved with company A last year. Now, I am planning to make a switch to some company B in October 2015. If I understand the rules correctly, my H-1B would be extended by 3 years to october 2018 under AC21.
Will my spouse need to wait till the new company files the perm ?
or is she always eligible for EAD since AC21 once done stays forever?

Thanks :)

Your spouse does not need to wait. In fact, you should apply for H4 EAD based on your current employer before Oct 2015. Even after Oct 2015, your approved I-140 from the previous employer can be used as the basis for H4 EAD.

anushka_kohli
02-10-2015, 02:11 PM
greyhair
take a chill pill...
enough of your lecturing.

anushka_kohli
02-10-2015, 02:17 PM
Karthy
you can only file I-140 and I-485 together if PD is current.

anushka_kohli
02-10-2015, 02:33 PM
Whatever it is , this rule is eagerly awaited by 3 kinds of people. Desi consulting companies big and small, lawyers and H4 folks. Lawyers you know why. Desi companies are more interested in this rule more than the H4s themselves. They are just waiting to hire new workers for a salary that is lower than market rate because H4EAD does not have market rate test. There is no Labor certification like you do for new H1B. So technically an H4EAD can work for $1/Hr and replace a US citizen making $50/Hr. There is a large H4 population waiting for this rule. A testimony Congress said more than 1 Million H4s. Many H4s are low skilled so they are likely to take away jobs for in the low end of the market in store clerks and associates in shopping chains etc. The impact will be felt by US citizens when their wages will be depressed by the sudden flood because this rule is not being done in a phased manner.

Each new H4 hired will be vulnerable to exploitation. There is no check mechanism added in this rule to curb this. It is unfortunate that every H4 is seeing this from a narrow selfish lens and does not care about the impact of this rule on the large immigrant population. There is already a bad PR about immigrants in the IT industry. Every other person is an immigrant employed. Americans are no longer getting jobs, paid less, getting replaced or Banglored. The middle aged IT professionals with wealth of experience cannot find IT jobs today. I am not kidding. You need to read their boards and IT job sites where they discuss. For once go outside the tracking and prediction forums and see the other side of Immigration. Companies will love H4 EAD because they will get cheap labor but an ordinary US citizen worker will be hurt.

Anti-immigrant organizations are putting all their energies in stopping or reversing EO for undocumented. The H4 rule is slipping under the radar and will become a reality soon. But in the excitement of the rule, everyone is ignoring a very dark side of this rule.

You may say it is globalization. But globalization also works both ways. India for example does not allow foreign workers immigrate or work in their country easily. They should also allow people from Bangladesh or other poor countries around the world to find work in India and work on at least an EAD?

You may say giving H4EAD will boost economy. Is there a shortage of workers now? Go ask unemployed Americans this question. They have so much hatred for immigrants in high tech sector bangloring jobs or coming here to replace them. The H4EAD folks do not even have any numbers to show how economy will improve if EAD rule happens. They have nothing to present their case.

You may say innovation will start if this rule happens. Tell me how much innovation happens by H1Bs? The best and the brightest always get EB1 extra ordinary green cards and it is always available and unused. Innovation cannot happen by becoming a low cost worker for a consulting firm or becoming a cashier for a local store on EAD.

There is a lot one can debate. I urge people to keep an open mind and always see both sides of the coin. H4EAD rule is not everything. It is just one drop of poison in a big glass of milk. The real reform would have been cleaning up the EB immigration system of the country and bringing in immigrants in a phased manner proportional to market needs without exploitation. I bet almost everyone on forums will not want that to happen. Because the reason why they come to forums is to simply get their greencard, more more money and get on with life after greencard. Very few think in the larger context and want good for the country they want to make as their home.

I really hoped there was a civil debate among immigrants about pros and cons of rules and then organization could work for or against such rule based on the outcome of discussion. Maybe this rule could have been altered to make it exploitation proof for immigrants and phased so that US workers do not get affected. But nobody wanted any of that. All they wanted was an EAD so that their income level increases!!

really !!!!
H4EAD is drop of poison ? I can't believe someone saying it.
so many changes are needed but this is a very good start. after this rule everyone is more hopeful than ever before.
let it happen.. thats the biggest thing for every one who is going to come on H1 and his/her spouse. think before you write.

waitingnwaiting
02-10-2015, 05:25 PM
really !!!!
H4EAD is drop of poison ? I can't believe someone saying it.
so many changes are needed but this is a very good start. after this rule everyone is more hopeful than ever before.
let it happen.. thats the biggest thing for every one who is going to come on H1 and his/her spouse. think before you write.

Firstly this is not a start. ImmigrationVoice had H4 in their agenda since 2006. They had already done one big change more bigger than this one in late 2006 or 2007.
Read about decoupling of H1B time from H4 time. This means H4 time is calculated separately than primary's H1. This was a big headache for the entire H1 and H4 population and IV did that. You probably did not know.

Despite some of us not liking it, IV had H4 EAD issue written as a demand list in a couple of advocacy day events I attended. We were all forced to promote H4 issue because it was part of a larger issue as IV explained to us. So IV is with you and you are getting it because of IV even though some of us who are supporters of IV do not like it. Maybe we are in minority and we get overruled in democracy.

My personal views differ from IV about H4 issue. For me greencard is the main issue and giving EAD makes the greencard issue murky. The flood of new workers and their exploitation will take centerstage. They will replace the US citizen workers like the one recently at Edison in CA . This will create a bad environment. EAD rule is not curing the priblem. Its applying a wrong ointment to the problem. H4s are not thinking holistically. They are only thinking of their narrow demand.

Xhris
02-11-2015, 12:25 PM
" Immigration Voice at The White House

Our most significant advocacy event concludes with a round table discussion on high skilled immigration at The White House. IV chapter leads from across the country are looking forward to a productive discussion on next steps around President Barack Obama's executive order. We are super excited and yet humbled to be here today. "

https://www.facebook.com/ImmigrationVoice

panchi2131
02-16-2015, 08:22 AM
Firstly this is not a start. ImmigrationVoice had H4 in their agenda since 2006. They had already done one big change more bigger than this one in late 2006 or 2007.
Read about decoupling of H1B time from H4 time. This means H4 time is calculated separately than primary's H1. This was a big headache for the entire H1 and H4 population and IV did that. You probably did not know.

Despite some of us not liking it, IV had H4 EAD issue written as a demand list in a couple of advocacy day events I attended. We were all forced to promote H4 issue because it was part of a larger issue as IV explained to us. So IV is with you and you are getting it because of IV even though some of us who are supporters of IV do not like it. Maybe we are in minority and we get overruled in democracy.

My personal views differ from IV about H4 issue. For me greencard is the main issue and giving EAD makes the greencard issue murky. The flood of new workers and their exploitation will take centerstage. They will replace the US citizen workers like the one recently at Edison in CA . This will create a bad environment. EAD rule is not curing the priblem. Its applying a wrong ointment to the problem. H4s are not thinking holistically. They are only thinking of their narrow demand.

you are right ,after sitting at home for few years takes away ability to think holistically .

Ofcourse when one's agenda is just getting mainly greencard for themselves and nothing else ,
they are always thinking logically and practically:confused:

orangebird
02-16-2015, 05:02 PM
If EAD can be applied after approved i140 for the main applicant as well as the dependent spouse, how does this EAD for H4 with approved i140 specifically help?

Does not make any sense to me. If the EAD after approved i140 was made a rule it would have benefited the majority. This H4 ead though is helpful as a stand alone if nothing else would happen, still the higher fruit would have been get EAD for both the primary and secondary applicant.

I guess anybody with half of cat's brain can figure that out. :D

Administrator2
02-16-2015, 10:51 PM
If EAD can be applied after approved i140 for the main applicant as well as the dependent spouse, how does this EAD for H4 with approved i140 specifically help?

Does not make any sense to me. If the EAD after approved i140 was made a rule it would have benefited the majority. This H4 ead though is helpful as a stand alone if nothing else would happen, still the higher fruit would have been get EAD for both the primary and secondary applicant.

I guess anybody with half of cat's brain can figure that out. :D

It is odd that this is your first post and somehow you come across as know it all. Applying your logic, why ask for anything short of straight citizenship. Anyone with half of rat's brain can figure that out, isn't it?

We hope you get the point. We have been creating awareness about backlog fixes for close to a decade. One cannot do justice to the effort without emphasizing our quality of life issues, restrictions on right to live free and job mobility. Right to work and be provider to our families in pursuit of happiness - is a basic right - thus EAD for H4. Right to change jobs without retribution of employer is essential to live free - thus EAD after I-140.

To your point about why both, EAD for H4 and EAD after I140. You see, if you ever decide to go and meet with policy makers or Member of Congress, you will most likely be asked- "so what if there are backlogs, how do backlogs affect you and your families"? This is a genuine question and you will have the burden to explain this with practical real life stories. In addition to solution to green card backlogs and removal of per country limits, we have presented our ask list of fixes which among other things include EAD for H-4 and EAD after I-140 with ability to change employer so employer cannot revoke I-140. This is all very organic purely based on how members have expressed their stories/predicaments and what will help members live free. It is not possible to know ahead of time which of the ideas will be accepted and how much time each might take. But we have continued to create awareness over the years. Now we are delighted that some of these fixes have been accepted by the Administration and we owe them a lot for understanding the plight of skilled immigrants.

But, if 10 years back or anytime during those 10 years if you could tell us with certainty as to which of these ideas will be accepted and when, maybe in that case we would have not asked for these different fixes and that means our ask list would have been smaller, and things would be much easier. Hindsight is always 20/20 my friend. More so, after these ideas have been accepted and now that the process is underway to implement these ideas, it is easy to ridicule these fixes, or, perhaps maybe you will now make a facebook page then claim that your FB likes and tweets are making the world go round. But regardless, please know that these fixes will actually help a lot of people. And that's all that matters.

Administrator2
02-17-2015, 12:04 AM
What is the timeline for Admin fixes? When is Pre-registration happening?

We'd suggest NOT labeling EAD and AP for I-140 as "pre-registration". Pre-registration is inferior to what in the works. "Pre-registration" meant you will apply for Adjustment of Status but will not be eligible for EAD and AP. Instead there are things in the works which are a lot better -

(1.) EAD + AP after Immigrant petition/I-140
(2.) Apply for Adjustment of Status when the priority date is not current on visa bulletin
(3.) Revoking the ability of the employer to withdraw I-140 once it is approved (as this is necessary to allow applicants to change jobs on EAD after I-140 approval)
(4.) With EAD and AP after I-140, one will be able to change jobs/employer, and carry on with the on-going I-140 petition to file Adjustment of Status with another employer.

All these are in the works along with many other fixes. The timeline for all this is expected to be around Oct-2015.

A few weeks after EAD for H-4, there will be another major fix allowing job flexibility.

We will continue to provide updates as all this unfold in coming months. Again, this is all already in the works and it has to go through its own process. There is no need to start online petitions or create facebook page, or tweet anyone to ask for any of these or any such fixes.

This is already in the works but it has to follow the process of federal register. And creating FB page or online petitions will NOT help in anyways and will NOT speed things up. Hope this is useful.

MOST IMPORTANTLY, WE NEED YOUR HELP

If you find a lawyer that has until now asked for work authorization and advance parole after I-140, please point that out. Or, if you see a lawyer suggesting an idea to get rid of illegal regulation allowing employers to revoke immigrant petition (I-140), then please let us know.

The point is, you cannot find such a lawyer because it DOES NOT exist, until now. But when these fixes will start to happen, as we have seen events unfold so many times in the past, you will see many different lawyers and folks (that had nothing to do working on these issues for years together) mushroom claiming they were the once working on this for long time. The fact, there was never a peep from any immigration lawyers about freedom of skilled immigrants.

There are only two (2) reason why these fixes will happen in coming months:

1.) The administration policy makers (including DHS) willing to listen to real stories and real fixes that are meaningful, and affect real people on the ground. And we owe them a lot for lending their ear, giving us their time and sincerely working to address our problems.
2.) Dedicated and selfless members who continues to spend their time and resources to come to Washington to lend their stories to advocate for real change.

That and only that will bring this change which will allow immigrants to live free from the clutches of bad employers that nexus with immigration lawyers to chain down immigrants to employers.

Administrator2
02-17-2015, 12:59 AM
Why are you not talking about EAD for H-4. Is there further delay with this fix?

The fix for EAD for H-4 was decided more than 18 months back. Then it took time for it to become public knowledge when it was made available in public domain. The decision was already made that this fix will be done. Since 18 months EAD for H-4 fix has been in the works. This fix requires change in the regulation, i.e. follow the process of federal register before a regulation can be made or changed.

While you can continue to do whatever makes you feel good about having that sense of connection to the upcoming change - the reality is that tweeting, facebooking, creating online petitions clicking like buttons etc, none of these things actually make any real difference. All of such things have no real influence over speeding up the process. EAD for H-4 is a sure thing. It's already done as far as the policy is concerned. There is no point in selling an idea that is already been bought and agreed too. The process is underway and we are close. There is no point in losing sanity by over-analyzing every date change on OMB page or trying to connect everything to EAD for H-4 fix. Please sit back and let the process complete.

There are no delays with EAD for H-4. Please understand that in 2013 (when the process started) the focus was on Comprehensive Immigration Reform bill. In 2014, there was still some hope left that House may pick up Comprehensive bill. And that hope was alive until the Election Day that there maybe, just may be that House Republicans might consider bringing up Immigration Reform for vote. No matter how much we want to get this fix done sooner, possible consideration for Immigration Reform had an impact on the pace of EAD for H-4 fix. None of us have control over the timeline of the larger bill or politics associated with it. So there were no delays, just that the pace was slow because EAD for H-4 fix was not a top priority for DHS at the time.

But all that over and DHS is working to implement EAD for H4 in next few weeks. Any more meetings only about EAD for H-4 this late in the process is not going to speed things up. Facebooking and tweeting might give false sense of doing something and might make folks feel good that they did something, but will not have any real influence over the timeline or the end result.

2008candid
02-17-2015, 07:30 AM
What does this mean? Will this stop all EO?

Federal judge stalls Obama's executive action on immigration (http://www.msn.com/en-us/news/politics/federal-judge-stalls-obamas-executive-action-on-immigration/ar-BBhELqL?ocid=mailsignout)



Why are you not talking about EAD for H-4. Is there further delay with this fix?

The fix for EAD for H-4 was decided more than 18 months back. Then it took time for it to become public knowledge when it was made available in public domain. The decision was already made that this fix will be done. Since 18 months EAD for H-4 fix has been in the works. This fix requires change in the regulation, i.e. follow the process of federal register before a regulation can be made or changed.

While you can continue to do whatever makes you feel good about having that sense of connection to the upcoming change - the reality is that tweeting, facebooking, creating online petitions clicking like buttons etc, none of these things actually make any real difference. All of such things have no real influence over speeding up the process. EAD for H-4 is a sure thing. It's already done as far as the policy is concerned. There is no point in selling an idea that is already been bought and agreed too. The process is underway and we are close. There is no point in losing sanity by over-analyzing every date change on OMB page or trying to connect everything to EAD for H-4 fix. Please sit back and let the process complete.

There are no delays with EAD for H-4. Please understand that in 2013 (when the process started) the focus was on Comprehensive Immigration Reform bill. In 2014, there was still some hope left that House may pick up Comprehensive bill. And that hope was alive until the Election Day that there maybe, just may be that House Republicans might consider bringing up Immigration Reform for vote. No matter how much we want to get this fix done sooner, possible consideration for Immigration Reform had an impact on the pace of EAD for H-4 fix. None of us have control over the timeline of the larger bill or politics associated with it. So there were no delays, just that the pace was slow because EAD for H-4 fix was not a top priority for DHS at the time.

But all that over and DHS is working to implement EAD for H4 in next few weeks. Any more meetings only about EAD for H-4 this late in the process is not going to speed things up. Facebooking and tweeting might give false sense of doing something and might make folks feel good that they did something, but will not have any real influence over the timeline or the end result.

gcharry
02-17-2015, 08:35 AM
Thank you Administrator2 and rest of the IV team.

DMX17
02-17-2015, 09:37 AM
IV Team,

Thanks for sharing the information and thanks for the efforts!

Could you please share if these "cerrtain" H4 spouses will be able to apply for EAD on the day the rule making process is completed/signed. Or will there be a delay or gap after which USCIS will start accepting such application.

Regards.

Administrator2
02-17-2015, 10:27 AM
What does this mean? Will this stop all EO?

Federal judge stalls Obama's executive action on immigration (http://www.msn.com/en-us/news/politics/federal-judge-stalls-obamas-executive-action-on-immigration/ar-BBhELqL?ocid=mailsignout)

The means that it will affect undocumented for now as the Agency was getting ready to accept their applications starting this week. If you follow this issue close, you might have noted that this was expected because that judge has a history of not being good friends with President's Immigration policy. This development was in the works for a while and expected. This judge has passed judgements in the past attacking other Executive Action as well. So this will cause temporary delay for undocumented for submitting their applications that was suppose to be starting 18th and 19th Feb. But that will not cause any immediate direct impact for us because our fixes are not expected to go into affect until later this year. This will be sorted out in next couple of months in courts. The President has the full authority to do the Executive Action.

But if this is not sorted out for long time then it can become potential issue for us because then regulatory changes for us may not happen, which is unlikely but possible. So as we have said in the past, please support undocumented issues as they are our brothers and sisters. And we all stand together in this fight for our rights.

No, this will not stop EO. Yes it could delay implementation of EO. As expected, judge gave temporary stay/injunction as the case is sorted out/decided. This is not the final ruling and the court process has to complete. There will be appeals and counter-appeals in higher courts. Most likely in the end it will be settled in US Supreme Court.

And, this is NOT expected to affect/delay EAD for H-4.

Administrator2
02-17-2015, 10:29 AM
IV Team,

Thanks for sharing the information and thanks for the efforts!

Could you please share if these "cerrtain" H4 spouses will be able to apply for EAD on the day the rule making process is completed/signed. Or will there be a delay or gap after which USCIS will start accepting such application.

Regards.

Usually the implementation date is mentioned in any regulatory change. It is usually not the same date as the date of final notification of the regulation.

rsr_am
02-17-2015, 10:58 AM
....
And, this is NOT expected to affect/delay EAD for H-4.


Here is the text of injunction and its associated memo why the order would not impact H4 EAD rule:

1) Injunction - s3.amazonaws.com/static.texastribune.org/media/documents/255992850-Order-of-Temporary-Injunction-Texas-v-United-States.pdf

2) Memo of Opinion - Memorandum Opinion - Texas v. United States (http://www.scribd.com/doc/255994067/Memorandum-Opinion-Texas-v-United-States)

The injunction is a simple 2-pager and easy to read.

sourab
02-17-2015, 11:39 AM
IV had Initially said that "Removal of dependents and Recapture of unused visa is not possible via Admin fix, only Congress can do that by changing Law"
Yet, the comment submitted by IV to Agency seems to be opposite.
In the reply to Ensuring Use of All Immigrant Visa Numbers, IV has asked for Admin to recapture the unused visas since 1992.
Also In bullet point no 5 "Exempting dependents of immigrants from numerical limits" IV has suggested that "the Department review pertinent sections of the Immigration and Nationality Act, including INA 203(d), to update its rules for making implementation closer to the existing law by exempting dependents of skilled immigrants from the numerical limits"

Does IV think now that Removal of dependents and Recapture of unused visas can be done by slight changes to rules rather than a new law being passed by Congress or it’s just a recommendation that IV wants agency to consider if they can implement without the actual law being signed.

By the way a big Thanks to IV team for all their efforts so far. It is the first genuine group who are actually doing something for the betterment of the people who are stuck in long backlogs for their Employment based Green cards.

rupen
02-17-2015, 12:33 PM
The means that it will affect undocumented for now as the Agency was getting ready to accept their applications starting this week. If you follow this issue close, you might have noted that this was expected because that judge has a history of not being good friends with President's Immigration policy. This development was in the works for a while and expected. This judge has passed judgements in the past attacking other Executive Action as well. So this will cause temporary delay for undocumented for submitting their applications that was suppose to be starting 18th and 19th Feb. But that will not cause any immediate direct impact for us because our fixes are not expected to go into affect until later this year. This will be sorted out in next couple of months in courts. The President has the full authority to do the Executive Action.

But if this is not sorted out for long time then it can become potential issue for us because then regulatory changes for us may not happen, which is unlikely but possible. So as we have said in the past, please support undocumented issues as they are our brothers and sisters. And we all stand together in this fight for our rights.

No, this will not stop EO. Yes it could delay implementation of EO. As expected, judge gave temporary stay/injunction as the case is sorted out/decided. This is not the final ruling and the court process has to complete. There will be appeals and counter-appeals in higher courts. Most likely in the end it will be settled in US Supreme Court.

And, this is NOT expected to affect/delay EAD for H-4.

Thanks for explaination

Administrator2
02-17-2015, 01:55 PM
IV had Initially said that "Removal of dependents and Recapture of unused visa is not possible via Admin fix, only Congress can do that by changing Law"
Yet, the comment submitted by IV to Agency seems to be opposite.
In the reply to Ensuring Use of All Immigrant Visa Numbers, IV has asked for Admin to recapture the unused visas since 1992.
Also In bullet point no 5 "Exempting dependents of immigrants from numerical limits" IV has suggested that "the Department review pertinent sections of the Immigration and Nationality Act, including INA 203(d), to update its rules for making implementation closer to the existing law by exempting dependents of skilled immigrants from the numerical limits"

Does IV think now that Removal of dependents and Recapture of unused visas can be done by slight changes to rules rather than a new law being passed by Congress or it’s just a recommendation that IV wants agency to consider if they can implement without the actual law being signed.

By the way a big Thanks to IV team for all their efforts so far. It is the first genuine group who are actually doing something for the betterment of the people who are stuck in long backlogs for their Employment based Green cards.

We continue to believe that Recapture and dependents exemption cannot be done by Admin fix. And even when every news organization was getting carried away with hundreds of articles that Recapture and dependents exemption is happening, we have tried to be honest to tell that it was not going to happen. Some people with tunnel view then misunderstood it to imply as if IV is against Recapture and dependents exemption, which is just not true. We have always advocated for all our fixes in every forum even when we know that odds are stacked against us. But what we do is, we do not as much emphasis on things that cannot happen through the specific instrument (in this case through Administrative Action). And we emphasis more on things that can happen via specific instrument - i.e. EAD + AP after I-140, Filing of Adjustment of status, employer not being able to withdraw approved I-140, EAD for H-4, clarity with Same or similar occupation classification etc. These are all meaningful fixes and will make it easier to go through wait times while everyone is waiting for Congress to pass a bill. Again, none of these fixes were asked by any other group. And it's unwise to be running around with untempered expectations, instead of thinking with cooler heads.

The questions in RFI specifically asked for ideas, so we provided ours on behalf of the community, including the ideas for recapture and dependents exemption. Unpleasant as it may sound but as honest as we must be, we still believe that recapture and dependents exemption requires changing in the law. But if Administration somehow decides to do these fixes for recapture and dependents exemption, no one will be more delighted than us because we have been advocating these fixes for years now. And by "working" we DO NOT mean tweeting/facebooking/factious online petitions etc., instead, by "working" we mean having thousands of face to face meetings spanning many years.

But also be aware that recapture and/or dependents exemption, if done through Administrative channel, will most likely get mired in long legal court battles, possibly (rather most likely) be stuck down by higher courts, making these ideas more controversial and partisan, thus more difficult for any future bills to carry these fixes. So there are many angles to this for someone to consider than just thinking about personal case adjudication.

advik20
02-17-2015, 04:29 PM
We continue to believe that Recapture and dependents exemption cannot be done by Admin fix. And even when every news organization was getting carried away with hundreds of articles that Recapture and dependents exemption is happening, we have tried to be honest to tell that it was not going to happen. Some people with tunnel view then misunderstood it to imply as if IV is against Recapture and dependents exemption, which is just not true. We have always advocated for all our fixes in every forum even when we know that odds are stacked against us. But what we do is, we do not as much emphasis on things that cannot happen through the specific instrument (in this case through Administrative Action). And we emphasis more on things that can happen via specific instrument - i.e. EAD + AP after I-140, Filing of Adjustment of status, employer not being able to withdraw approved I-140, EAD for H-4, clarity with Same or similar occupation classification etc. These are all meaningful fixes and will make it easier to go through wait times while everyone is waiting for Congress to pass a bill. Again, none of these fixes were asked by any other group. And it's unwise to be running around with untempered expectations, instead of thinking with cooler heads.

The questions in RFI specifically asked for ideas, so we provided ours on behalf of the community, including the ideas for recapture and dependents exemption. Unpleasant as it may sound but as honest as we must be, we still believe that recapture and dependents exemption requires changing in the law. But if Administration somehow decides to do these fixes for recapture and dependents exemption, no one will be more delighted than us because we have been advocating these fixes for years now. And by "working" we DO NOT mean tweeting/facebooking/factious online petitions etc., instead, by "working" we mean having thousands of face to face meetings spanning many years.

But also be aware that recapture and/or dependents exemption, if done through Administrative channel, will most likely get mired in long legal court battles, possibly (rather most likely) be stuck down by higher courts, making these ideas more controversial and partisan, thus more difficult for any future bills to carry these fixes. So there are many angles to this for someone to consider than just thinking about personal case adjudication.

Any update when new version of HR 2131 will be introduced to the house??

2008candid
02-17-2015, 06:28 PM
Thank you for your response and also thanks for the all IV's efforts to get relief to EB community. Hope this ruling will not impact I-140 proposal.

konerusai
02-18-2015, 09:49 AM
New Cosponsor: Rep. Anna Eshoo [D-CA18]

New Cosponsor: Rep. Carolyn Maloney [D-NY12]

New Cosponsor: Rep. Glenn Thompson [R-PA5]

New Cosponsor: Rep. Adam Kinzinger [R-IL16]

New Cosponsor: Rep. Richard Hanna [R-NY22]

New Cosponsor: Rep. Eric Swalwell [D-CA15]

New Cosponsor: Rep. Matthew Cartwright [D-PA17]

New Cosponsor: Rep. Steve Russell [ R-OK5]

sengs
02-18-2015, 10:20 AM
New Cosponsor: Rep. Anna Eshoo [D-CA18]

New Cosponsor: Rep. Carolyn Maloney [D-NY12]

New Cosponsor: Rep. Glenn Thompson [R-PA5]

New Cosponsor: Rep. Adam Kinzinger [R-IL16]

New Cosponsor: Rep. Richard Hanna [R-NY22]

New Cosponsor: Rep. Eric Swalwell [D-CA15]

New Cosponsor: Rep. Matthew Cartwright [D-PA17]

New Cosponsor: Rep. Steve Russell [ R-OK5]

That's the advocacy success of Immigration Voice. Kudos to the IV team and all the selfless volunteers. :):):)

shyamps
02-18-2015, 11:09 AM
New Cosponsor: Rep. Anna Eshoo [D-CA18]

New Cosponsor: Rep. Carolyn Maloney [D-NY12]

New Cosponsor: Rep. Glenn Thompson [R-PA5]

New Cosponsor: Rep. Adam Kinzinger [R-IL16]

New Cosponsor: Rep. Richard Hanna [R-NY22]

New Cosponsor: Rep. Eric Swalwell [D-CA15]

New Cosponsor: Rep. Matthew Cartwright [D-PA17]

New Cosponsor: Rep. Steve Russell [ R-OK5]

I was at the advocacy event. Its delightful to see our efforts are paying off. 8 new co-sponsors for the bill is not bad at all. Cross my fingers and hope the bill passes soon.

moon_walker333
02-18-2015, 11:26 AM
This is my first post here and I want to thank IV and all its Administrators/Moderators for their efforts and time invested in making all these fixes to Immigration Laws.

It is great to see that the Advocacy event was a success with new 8 co sponsors joining the bill.

Good to see that EAD for H4 is in the works already. A draft version of revised I-765 was submitted to OMB for review and approval. Whoever interested in reviewing it can go to: http://www.reginfo.gov/public/do/PRAViewIC?ref_nbr=201502-1615-004&icID=20321