PDA

View Full Version : Post 11/15 Call Discussion


vikidisi
11-15-2015, 07:24 PM
Our thanks to the 1000+ folks that dialed in for this call. Our goal was to get through every question possible, but we may not have been able to.

If there are any questions that we can answer, please post them in this thread.

We would also welcome any feedback or inputs about this call.

Bazinga
11-15-2015, 07:34 PM
Thank you for the call. Some of the answers were literally eye-openers. I am in the Seattle area and did take notes to get in touch with Chitti. Thank you for organizing this.

I requested to ask a question in the Q and A section of the call but we didn't get to this question in time:

I have been trying to figure out the fate of the lawsuit against H4 EAD. Not finding anything credible about the lawsuit's current state online. Do you guys know or have pointers? Is a decision possible prior to Oct 2016?

Thanks again.

bims_patel
11-15-2015, 09:14 PM
I really appreciate the great work IV has been doing and getting positive support from all around! It'll help all of us sooner or later in a very satisfactory way for sure :).

I wanted to ask one question. I don't want to sound pessimistic here, but what if HR 213 doesn't get on floor for voting on time? Next year congress is going to be tough due to elections. What will be the fate of it, if that is the case?

- B

RandomizedPrecision
11-15-2015, 09:19 PM
Thanks for the engaging call today and for everything that the IV Volunteers are doing. Really thankful that Aman spared over 3+ hours to patiently address all questions and Vikram for moderating the conversation really really well.

As a part of AC21 reforms, I am tracking 3 separate things:
1. I-140 EAD / AP : This is the rule that we expect to be out soon
2. I-140 Ownership Guidance (Who owns it?)
3. Same or Similar Guidance

I realize that #1 is supposed to be issued via formal rule-making and that will take its due course. However, are #2 and #3 also supposed to go through the rule-making process or are they just Guidances \ Clarifications that USCIS will issue separately from #1?

Any info on that would be great. Just trying to keep these things straight.

Dinsey23
11-15-2015, 09:33 PM
Thanks IV for all your updates and hardwork ..I could not get to ask on the call on the timeline of the AC21 rule ( Same or Similar..) implementation

Question 1 ) When do you think the AC21 rule will go into effect ( assuming a 60 day comment period and some rule refinement period) . Do you think we will need to await almost 1 year ( similar to I140+EAD goes effect) or do you think it will be much earlier the rule will go into effect ?

Question 2) If the AC21 rule comes earlier , do you think we still need to wait for I140+EAD before the chains are taken off ?

Thanks again :)

bob4gc
11-15-2015, 09:46 PM
Thanks IV for organizing the call. I guess we have questions already posted in FB for call q&a. Can you please start with them? I'm particularly interested to know IV strategy if I140-EAD effective date is delayed post rule making process.

VinayJ
11-15-2015, 11:50 PM
Thankyou IV for the conference call. Attended the entire session however was not picked up for question. So here are the 5 questions i have.

1)Does HR213 bill needs to be reintroduced again in house in Jan 2016 as it will reach one year since the introduction of the bill if it not passed? or it is valid until 114th congress end date of Jan 2017?

2)Aman mentioned that one does not need to maintain H1B after EAD for I140. So this I140 EAD is a restrictive EAD ? like where you cannot work other than Same or similar job mentioned in I140 petition or cannot startup companies ?

3)Once we start working with I140 EAD , what happens if uscis does not process EAD application on time , what status we will land back?

4) Is it possible to port from I140 EAD EB3 to I140EAD EB2 once we start working with EAD?

5) In EA, it was mentioned there will be perm modernization regulation, any idea if that will get implemented?

thankyou

sundeepreddym
11-16-2015, 08:02 AM
Aman - Thank you for giving us your family time on a weekend. Each time I listen to you its an inspiration. The passion you have for this cause is un-parallel.

Vikram - Great work moderating the call. Kudos to you for running such a tight ship.

Looking forward to the letter signature campaign in Ohio.
Question: Do we have any active volunteers in Ohio that I can coordinate with. I am in Cleveland metro area and in regular touch with offices of Rep. Fudge(OH-11) Rep. Joyce(OH-14), Sen. Brown and Sen.Portman.

-Sundeep

gopal008
11-16-2015, 10:08 AM
Is there a template for Letter Campaign ? I know Aman mentioned it on the Call. Can someone please share this ? We have been talking to our local congresswoman. This will help us.

sixburgh
11-16-2015, 10:17 AM
This may be unrelated to our cause....but since i just heard about this, pasting some info...

Does this new bill S.2266 affect legal immigration in any way?

https://www.congress.gov/bill/114th-congress/senate-bill/2266
(I am not able to find the text of this bill)

https://www.numbersusa.com/news/sens-grassley-durbin-introduce-new-bill-limit-h-1b-visa-abuse

Sens. Grassley, Durbin launch new H-1B fight | Computerworld (http://www.computerworld.com/article/3003877/it-careers/sens-grassley-durbin-launch-new-h-1b-fight.html)

DMX17
11-16-2015, 10:23 AM
Thanks for the engaging call today and for everything that the IV Volunteers are doing. Really thankful that Aman spared over 3+ hours to patiently address all questions and Vikram for moderating the conversation really really well.

As a part of AC21 reforms, I am tracking 3 separate things:
1. I-140 EAD / AP : This is the rule that we expect to be out soon
2. I-140 Ownership Guidance (Who owns it?)
3. Same or Similar Guidance

I realize that #1 is supposed to be issued via formal rule-making and that will take its due course. However, are #2 and #3 also supposed to go through the rule-making process or are they just Guidances \ Clarifications that USCIS will issue separately from #1?

Any info on that would be great. Just trying to keep these things straight.

#3 is supposed to a Memo and this memo was sent to OMB more than month ago. This is the same/similar fix.

#1 and #2 are related and should be done via the rule making that we are expecting soon. In fact, my understanding is that #2 (I-140 ownership or "remaining valid even after employer revokes") should be done first under the so-called AC21 regulation. I-140 EAD/AP rule making should just then allow I-140 employees to apply for EAD/AP based on that "remaining valid" I-140.

Keep in mind that there two rules in the agenda. 1615-AC05 and 1615-AB97

In summary, 1615-AB97 (AC21 reg) should define the I-140 (I140EAD reg) ownership issue, while 1615-AC05 should give EAD/AP. And the effect is freedom!

My understanding and no inside info.

hil3182
11-16-2015, 12:47 PM
Busy day today, I will try to answer best I can.


I have been trying to figure out the fate of the lawsuit against H4 EAD. Not finding anything credible about the lawsuit's current state online. Do you guys know or have pointers? Is a decision possible prior to Oct 2016?
Lawsuit isn't going anywhere. Admin acted with the law.


I wanted to ask one question. I don't want to sound pessimistic here, but what if HR 213 doesn't get on floor for voting on time? Next year congress is going to be tough due to elections. What will be the fate of it, if that is the case?
We try again. Companies have been pushing SKILLS for almost a decade now, Grassley & Durbin have been pushing H1-B reform on the otherside of the debate for almost the same amount of time. If the (next) 115th Congress tries to do CIR, we will shift our lobbying efforts to making sure that CIR contains provisions favorable to backlogged in particular and H1-B generally.

The good news is there are 4 high-skilled immigration bills introduced or expected to be introduced in the 114th Congress - HR.213 is the one with the most support and most likely to move:

Durbin-Grassley: Companies Oppose
SKILLS: Protectionists & IV Opposes
I^2'd act: Protectionists Opposes
HR.213: Companies, Protectionists & IV do not oppose.


People need to realize that this isn't some IT project with a fixed budget and deadlines. This is a wierd type of marathon that can continue for years, but at the same time, we could win at any time. 90% of the battle is preparation - i.e. educating lawmakers of the problem and the solution - HR.213. Once there is a critical mass, things will start moving really quickly - but we need to get to a critical mass.

Thanks for the engaging call today and for everything that the IV Volunteers are doing. Really thankful that Aman spared over 3+ hours to patiently address all questions and Vikram for moderating the conversation really really well.

As a part of AC21 reforms, I am tracking 3 separate things:
1. I-140 EAD / AP : This is the rule that we expect to be out soon
2. I-140 Ownership Guidance (Who owns it?)
3. Same or Similar Guidance

I realize that #1 is supposed to be issued via formal rule-making and that will take its due course. However, are #2 and #3 also supposed to go through the rule-making process or are they just Guidances \ Clarifications that USCIS will issue separately from #1?

Any info on that would be great. Just trying to keep these things straight.

DMX's answer above is apropos :D

Thanks IV for all your updates and hardwork ..I could not get to ask on the call on the timeline of the AC21 rule ( Same or Similar..) implementation

Question 1 ) When do you think the AC21 rule will go into effect ( assuming a 60 day comment period and some rule refinement period) . Do you think we will need to await almost 1 year ( similar to I140+EAD goes effect) or do you think it will be much earlier the rule will go into effect ?

Question 2) If the AC21 rule comes earlier , do you think we still need to wait for I140+EAD before the chains are taken off ?

Thanks again :)

Mentally, I have prepared myself for the reality that relief will not come for around 12 months - barring any surprises from the Admin. Meanwhile, I am focusing my efforts on HR.213 which can get done sooner, consequently I am not really following the timeline stuff, maybe someone else has a better idea.

Thanks IV for organizing the call. I guess we have questions already posted in FB for call q&a. Can you please start with them? I'm particularly interested to know IV strategy if I140-EAD effective date is delayed post rule making process.

We will get to contingency planning, when there is a contingency or a real danger of a contingency. I guarantee you that congressional pressure will be a huge part of anything we do. That is one reason the Lofgren VB letter (https://t.co/I8S417loZK) specifically mentioned job portability issues.

The way you can help is by visiting your Congressman's office and pushing for HR.213 sponsorship while educating them on our issues. The relationship that you will establish during the process will be very useful both for your personal Immigration situation and your lobbying activities (including I140-EAD).

We will obviously be doing other things, but the above is how you can contribute.

Thankyou IV for the conference call. Attended the entire session however was not picked up for question. So here are the 5 questions i have.

1)Does HR213 bill needs to be reintroduced again in house in Jan 2016 as it will reach one year since the introduction of the bill if it not passed? or it is valid until 114th congress end date of Jan 2017?

2)Aman mentioned that one does not need to maintain H1B after EAD for I140. So this I140 EAD is a restrictive EAD ? like where you cannot work other than Same or similar job mentioned in I140 petition or cannot startup companies ?

3)Once we start working with I140 EAD , what happens if uscis does not process EAD application on time , what status we will land back?

4) Is it possible to port from I140 EAD EB3 to I140EAD EB2 once we start working with EAD?

5) In EA, it was mentioned there will be perm modernization regulation, any idea if that will get implemented?

thankyou
#1. No. It will need to be introduced in the 115th Congress in 2017.
#2-#5. Wait for the rule. We know that it will be an EAD that will allow you to work at a minimum "same-or-similar" jobs. DHS has the authority to make it un-restricted and we have made that point. Whether they will actually use that authority remains to be seen. Rest of your questions are in the weeds and we will have to look at the consequences of the rules as a whole when they are published.

Is there a template for Letter Campaign ? I know Aman mentioned it on the Call. Can someone please share this ? We have been talking to our local congresswoman. This will help us.
Please stay tuned.

This may be unrelated to our cause....but since i just heard about this, pasting some info...

Does this new bill S.2266 affect legal immigration in any way?

https://www.congress.gov/bill/114th-congress/senate-bill/2266
(I am not able to find the text of this bill)

https://www.numbersusa.com/news/sens-grassley-durbin-introduce-new-bill-limit-h-1b-visa-abuse

Sens. Grassley, Durbin launch new H-1B fight | Computerworld (http://www.computerworld.com/article/3003877/it-careers/sens-grassley-durbin-launch-new-h-1b-fight.html)

By virtue of being introduced Durbin Grassley bill is now a part of the high-skilled immigration conversation. It is now more likely you will see a HR.3012 type situation where the Senate will work on a per-country bill with some Durbin-Grassley provisions in there. We will have to see how the conversation evolves.

DMX17
11-16-2015, 01:22 PM
3)Once we start working with I140 EAD , what happens if uscis does not process EAD application on time , what status we will land back?

4) Is it possible to port from I140 EAD EB3 to I140EAD EB2 once we start working with EAD?

5) In EA, it was mentioned there will be perm modernization regulation, any idea if that will get implemented?

thankyou

All answers are my best guess in the absence of the actual rule:

#3 We just have to manage this renewal issue. First, this issue is no different than any other EAD renewal (e.g. 485 pending EAD). Second, you can apply for EAD renewal about 120 days before it expires. Generally, while your EAD renewal is pending and old EAD has expired, you are still considered in a period of authorized stay (waiting for action) but cannot work without the new EAD. Like I said, we just have to manage this and do our best so there is no employment gap. As Aman said yesterday, you will be considered in a period of stay (authorized by the attorney general) when you re-enter using AP that you get with this new rule EAD. It would not help much if one has to fall back to H1, right!

#4 The porting ability has no new implications. You can have as many I-140s as you like as long as one of them meets the rule requirement. Yes, port baby port!

VinayJ
11-16-2015, 02:06 PM
Thanks DMX17 and hil admin. Can you share the template to get physical signature for HR213?

bob4gc
11-16-2015, 11:39 PM
Thanks hil3182 for answering my question.

Jambo
11-16-2015, 11:40 PM
The good news is there are 4 high-skilled immigration bills introduced or expected to be introduced in the 114th Congress - HR.213 is the one with the most support and most likely to move:

Durbin-Grassley: Companies Oppose
SKILLS: Protectionists & IV Opposes
I^2'd act: Protectionists Opposes
HR.213: Companies, Protectionists & IV do not oppose.


By virtue of being introduced Durbin Grassley bill is now a part of the high-skilled immigration conversation. It is now more likely you will see a HR.3012 type situation where the Senate will work on a per-country bill with some Durbin-Grassley provisions in there. We will have to see how the conversation evolves.

hil,

Many in the anti-immigrant camp do not support HR 213, even though it doesn't increase the overall number of green cards one bit because they see us as taking their jobs away from them. Why doesn't IV openly send a Press Release supporting the Grassley Bill because of the strict H-1B provisions? That way we send a clear message that the reason for these long green card backlogs is because companies have found a loophole to bring in cheap H1B commodity developers, lower wages, and hold other highly qualified H1Bs hostage to a long and arduous green card process?

That way perhaps the general American public can see the light and support HR 213.

What's more, perhaps we earn good will from Grassley and he doesn't put a hold on HR 213 (if it ever passes the House), demanding that his H1B provisions be put in.

Frankly, today's indentured H1B laborers are tomorrow's discriminated U.S. citizens. Even if HR 213 passes, becomes law, and I get my green card sooner, I would still be in favor of supporting Grassley's Bill so that the U.S. remains a place for the best of the best, and not commodity labor.

Bhishma
11-17-2015, 01:13 AM
Let us leave advocacy and other negotiations to IV. They are neck deep in this game and know it better than most of us.

FrankUnderwood
11-17-2015, 10:00 AM
hil,

Many in the anti-immigrant camp do not support HR 213, even though it doesn't increase the overall number of green cards one bit because they see us as taking their jobs away from them. Why doesn't IV openly send a Press Release supporting the Grassley Bill because of the strict H-1B provisions? That way we send a clear message that the reason for these long green card backlogs is because companies have found a loophole to bring in cheap H1B commodity developers, lower wages, and hold other highly qualified H1Bs hostage to a long and arduous green card process?

That way perhaps the general American public can see the light and support HR 213.

What's more, perhaps we earn good will from Grassley and he doesn't put a hold on HR 213 (if it ever passes the House), demanding that his H1B provisions be put in.

Frankly, today's indentured H1B laborers are tomorrow's discriminated U.S. citizens. Even if HR 213 passes, becomes law, and I get my green card sooner, I would still be in favor of supporting Grassley's Bill so that the U.S. remains a place for the best of the best, and not commodity labor.

You'd be better off if you concentrate on your action items of contacting your local representatives to push for H.R. 213.

Let Immigration Voice handle the negotiations and politics at play.

-FU

FrankUnderwood
11-17-2015, 10:14 AM
You'd be better off if you concentrate on your action items of contacting your local representatives to push for H.R. 213.

Let Immigration Voice handle the negotiations and politics at play.

-FU

Hey Jumbo,

Just saw your earlier post from the other day. Did not know that you had already done a meeting with your congressman. Great going! Apologies if I sounded harsh above.

Take a bow ;)

eastindia
11-17-2015, 10:19 AM
hil,

Many in the anti-immigrant camp do not support HR 213, even though it doesn't increase the overall number of green cards one bit because they see us as taking their jobs away from them. Why doesn't IV openly send a Press Release supporting the Grassley Bill because of the strict H-1B provisions? That way we send a clear message that the reason for these long green card backlogs is because companies have found a loophole to bring in cheap H1B commodity developers, lower wages, and hold other highly qualified H1Bs hostage to a long and arduous green card process?

That way perhaps the general American public can see the light and support HR 213.

What's more, perhaps we earn good will from Grassley and he doesn't put a hold on HR 213 (if it ever passes the House), demanding that his H1B provisions be put in.

Frankly, today's indentured H1B laborers are tomorrow's discriminated U.S. citizens. Even if HR 213 passes, becomes law, and I get my green card sooner, I would still be in favor of supporting Grassley's Bill so that the U.S. remains a place for the best of the best, and not commodity labor.

Let me try to answer based on my knowledge of politics.

It does not matter if we do a press release or not. It will not change outcome. Both sides of the debate have millions on advocacy spending. So if immigrants try and take a side it means nothing. The only place IV matters if when we are asked to present our side of the story and opinion. This is because IV has been working on this for 10 years and they have personal relationship with people in top. These top people otherwise do not even grant appointment time, but because IV has been persistent and good people they know IV well.

Now you said you will support a bill ... etc. The truth is you and supporting or opposing does not mean anything because we do not vote and we do not contribute to politics of the country. We are 'foreigners'. It does not matter when you say we pay taxes. Because we get benefits also for the taxes of the country if we stay here. That is the law of the land.

The only place you and I can make a difference is not by supporting a bill but by supporting IV. Then IV can go to these offices you mentioned and because of their good relations with them on first name basis they will give honest feedback and request for changes or request for support. That is a successful advocacy method given our limitations.

eastindia
11-17-2015, 10:24 AM
Thanks IV for organizing the call. I guess we have questions already posted in FB for call q&a. Can you please start with them? I'm particularly interested to know IV strategy if I140-EAD effective date is delayed post rule making process.

I think IV will not just sit back and wait. They will be and should be doing meetings to keep a tab on this regulation until it is finally implemented. If anyone is trying to water down or stop from behind, IV should stay on top of it. If there are any action items we can do, they should inform us just like they did in the past.