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hil3182
03-19-2015, 01:47 PM
For those of you don't know, the USCIS is holding a conference call for the highly skilled parts of the EO.

For those of you that aren't listening or can't get in, I will be blogging the highlights of the call on this thread.

If anyone else is listening, please feel free to add your thoughts to this blog.

hil3182
03-19-2015, 01:49 PM
The link on the USCIS site about the event is here: Business-Focused Immigration Enhancements | USCIS (http://www.uscis.gov/outreach/upcoming-national-engagements/business-focused-immigration-enhancements)

I am currently on hold. When I dialed in, a human being asked me for my name, passcode and the organization that I represented.

sengs
03-19-2015, 01:59 PM
Thanks. This will be really helpful for us who cannot dial in.

Suva
03-19-2015, 02:02 PM
I am on hold.

hil3182
03-19-2015, 02:03 PM
Looks like we are running a bit late... The call was scheduled to start at 2PM and someone just came on saying that the conference was going to start in about 3 minutes.

rbusgc
03-19-2015, 02:03 PM
Just started

hil3182
03-19-2015, 02:05 PM
Apparently, they will provide an opportunity for questions, so if you have them ask them on this forum.

Carlos Munios is talking and introducing people notable someone named Kevin Cummins.

Carlos: The Court injunction against DACA does not affect the Business-Focused Immigration Enhancements -- GOOD NEWS FOR US.

sengs
03-19-2015, 02:06 PM
Kevin Cummins is the DHS guys who is in charge of the rule making process

Suva
03-19-2015, 02:06 PM
I am able to join now.

hil3182
03-19-2015, 02:10 PM
Apparently Kevin Cummings is going to lead the call.

Stuff that stood out to me.
-> Clarify standards for Self Petition.
-> Commenced efforts for I-140 EAD.
-> Clarify Same vs similar job specification

hil3182
03-19-2015, 02:13 PM
He is asking a bunch of questions about how to improve the system. Doesn't sound like anything is finalized.

Sample question (not exactly phrased) "What is the waiting time for I-140 approval to EAD issuance."

hil3182
03-19-2015, 02:15 PM
Taking questions now.

hil3182
03-19-2015, 02:21 PM
Some lawyer is saying that the employer should retail the PD!!!

sengs
03-19-2015, 02:23 PM
Can you raise the loin that early implementation of the I-140-EAD rule will actually make H4-EAD redundant. No one would like to pay twice.

dipdowndust
03-19-2015, 02:24 PM
I tried to register to event but havent received dial in info yet. Can somebody ask following question ?

My spouse is not included in 485, when I filed in 2007. Under this EO, can I re-file 485 and add spouse to it ?

Thanks

Tarang
03-19-2015, 02:24 PM
If USCIS have already submitted their suggestions to WH, what is the purpose of this listening session? Just curious...

Aram
03-19-2015, 02:24 PM
any update on recapture or statute re-interpretation or is that a State dept issue?

hil3182
03-19-2015, 02:28 PM
Per-Country limit would require statuary change.

sengs
03-19-2015, 02:32 PM
anytime thing about the time of implementation yet?

dhruva12
03-19-2015, 02:41 PM
Can someone ask the implementation timeframe?

gchungry
03-19-2015, 03:03 PM
Special group for Advanced Degree from US under NIW. It's great idea.

sengs
03-19-2015, 03:04 PM
:confused:I am already under NIW since 2010. It is a EB2 category. how is it going to help??:confused:

Tarang
03-19-2015, 03:09 PM
I had to drop in but wanted to ask a simple question about employer recouping labor cert costs? How are employers recouping that from a person who is not backlogged?

rajarak
03-19-2015, 03:31 PM
Can you raise the loin that early implementation of the I-140-EAD rule will actually make H4-EAD redundant. No one would like to pay twice.

you could write email to public.engagement@uscis.dhs.gov

sengs
03-19-2015, 03:35 PM
I would wait till anything is announced from WH. This telecon seemed to be a hogwash, wasting public money.

hil3182
03-19-2015, 03:36 PM
The whole call was ridiculous. They have done absolutely nothing in the last 3 months.

There was one scary proposal to adjudicate AC21 portability before starting the job.

This is one of those things that is good in theory but bad in practice.

When you get a job offer, it is generally good for 2 weeks. If it takes 6 months to adjudicate the AC-21, then whats the point?

sengs
03-19-2015, 03:38 PM
more and more it looks like this telecon has nothing to do with the rule that will be published

konerusai
03-19-2015, 05:42 PM
hello
I am unable to attend the tele conference. can some one briefly tell me what is the outcome.
Any time lines for AOS and EAD for H1B.

Any response is greatly appreciated.

hil3182
03-19-2015, 06:13 PM
hello
I am unable to attend the tele conference. can some one briefly tell me what is the outcome.
Any time lines for AOS and EAD for H1B.

Any response is greatly appreciated.

Unfortunately, there is nothing new. We know that there will be I-140EAD, but there is no timeline. AoS while visa is unavailable - no one asked the question. This was just a "listening" session - I was hoping we would do the listening, but it was them doing the listening and us doing the ranting.

I view the above as being neutral to our cause.

But there were some negative points too:
1. There was talk of pre-adjudicating AC-21 portability cases. The issue with this is that most job offers are good for two weeks only, i.e. when you get a new job you have two weeks to accept/reject the offer. There is no way the USCIS can adjudicate anything in two weeks. If this turns out to be mandatory before any job transfer under AC-21, it will be another backdoor step to keep us chained to our employers.
2. There was talk of delaying the EAD after I-140 so as to not dis-advantage the sponsoring employer. This is complete and total bullshit. When someone gets a GC, there is no bar from them switching jobs - why do this for an EAD? Talk about this originated from the lawyers.
3. We could have been better prepared for the call. We thought that USCIS would be talking about the fixes and we would do the listening. Instead, it was the USCIS listening our suggestions. The lawyers came better prepared, around 40% of the question came from the lawyers.
4. Those lawyers - those f&c*ing lawyers. It was very clear that they came prepared with an agenda - their agenda was to prevent worker mobility. It sounded like their pitch was essentially "Ok - give them EAD's but don't let them switch jobs" --- F&C*IGN LAWYERS.
5. There were some cheap useless people on there with no self-esteem saying that was acceptable to consider an employers loss when an H1 employee decides to leave, which is complete and utter total BS. The law quite clearly implies that an H1 costs more than a domestic worker which is why you have to pay prevailing labor + visa costs. The law does not intend for H1 to be some sort of labor subsidy for US employers. If the employer doesn't want to loose someone - guess what pay them more.

konerusai
03-19-2015, 06:21 PM
thank you for the reply.

madura6
03-19-2015, 06:58 PM
We should be sending in strong rebuttals for the Lawyers proposals to recuperate expense from employee for LPR application. The lawyers would have already sent in theirs. And the expense they quote might be unaffordable - consider what Fragomen might be charging them around 15 grand or more...

sengs
03-19-2015, 07:38 PM
Admin's conspicuous silence is very intriguing. :)

hil3182
03-19-2015, 07:54 PM
Admin's conspicuous silence is very intriguing. :)

I am sure something is coming. That call was ridiculous.

DMX17
03-19-2015, 08:25 PM
Thanks for the info guys!

Lawyer and employers….man same old story…. The game appears to be to keep the employee waiting and waiting while he/she continues to work for the same employer while EB-3 backlogs grow.

Some examples of lawyer/employer games I experienced so far:
1) Employer will tell you it is their policy to initiate green card process after 4-5 years of employment (“oh, you have plenty of time!”). I bet the lawyers told the employers this.
2) Employer will tell you that your position does not qualify for EB-2 because experience gained in the same company cannot be counted (“file EB-3”)
3) I-140 and labor is employer’s petition and hence they cannot share any details with the beneficiary (“stop bothering me”). This means that the employee thinks he/she cannot change jobs.

Hopefully, something good will happen sooner rather than later for I-140 EAD and IV efforts with the support of its members will bring some good news.

DMX17
03-19-2015, 08:31 PM
One more thing..based on what you guys said... the conference was truely "business-focused" huh? :):)

rupen
03-19-2015, 10:08 PM
These lawyers are bunch of Hippocrates. On one hand they are saying, we should have more EB green cards. On other hand they are saying employer should be able to recoup expenses. If there were more green cards and there was no backlog, then person can change job after getting green card. Why do they not recoup expense in that case ? Why changing job on EAD is special ?

DMX17
03-20-2015, 12:48 AM
Same BS on that lawyer's website......


For I-140 EAD and Portability: Reality of conflict of interest between the I-140 sponsoring employer and I-140 foreign worker mobility turns out to be a key issue which is likely to get a lot of attention for the policy makers on this reform. They brought up the issue of fairness to the employers who invested a lot of money and efforts for the immigration sponsorship. It will be interesting to see where the policy makers will draw a line that meets the interest of the employers and interest of the employee fairly.

konerusai
03-20-2015, 10:15 AM
Best Comment till now...:)One more thing..based on what you guys said... the conference was truely "business-focused" huh? :):)

rbusgc
03-20-2015, 10:18 AM
Yesterday's call was a real eye opener to where Immigration Lawyers stand w.r.t EAD for I140... we are trying to resolve/reduce the pain related to years and years of backlog and bunch of lawyer idiots (there were few good ones too) want to protect the investment for their employer clients... due to the unfair immigration system the employers are already ready reaping/reaped all their investment on a backlogged employee.. anything more than 6 months from the I140 Application date (same as the current 485 EAD time line) would be unfair to the employees... as they mentioned during the call 6 months from the I140 Date would make EAD for I140 a level playing field with non-retrogressed employees.

Hope IV leadership has noted this argument by lawyers and will prepare a fitting reply to them and will present our arguments to USCIS before they finalize the EAD for I140 rule! ....

Stay away from this bunch of attorney idiots and their websites... who want to make profit (for their client employers and in turn themselves) from the suffering of retrogressed country immigrants.... Shame on Them!!! :mad:

sengs
03-20-2015, 10:39 AM
Stay away from this bunch of attorney idiots and their websites... who want to make profit (for their client employers and in turn themselves) from the suffering of retrogressed country immigrants.... Shame on Them!!! :mad:

One such famous attorney website has openly praised these lawyer's concerns for their clients, and mentioned it as a very successful teleconference. :)

hil3182
03-20-2015, 11:38 AM
One such famous attorney website has openly praised these lawyer's concerns for their clients, and mentioned it as a very successful teleconference. :)

I hope people finally get it.

The ONLY people looking out for you is IV. AILA is a founding member of the evil club that got us in this this backlogged mess in this first place.