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View Full Version : Call on Sunday Jan 3rd 2016 at 4PM EST.


hil3182
12-31-2015, 02:18 PM
Aman Kapoor - President, Immigration Voice will talk in-depth about recent developments, next steps and action items as it relates to the recently announced regulations and the ongoing legislative efforts. If you are impacted by the recently announced regulation "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Worker" - also popularly known as the "EAD for I-140 rule" - we think you will find this call highly valuable.


Some notes about this call

- We anticipate a large volume of participants for this call. Please use *either one* of the dial in codes available.

- Please post your questions in this thread BEFORE 9 pm EST on Saturday 1/2. We want to make sure we address all questions & topics.

- We will try our best to answer every question as it relates to the regulation and other legislative efforts, but are not able to provide answers and advise on individual immigration cases. Please refrain from asking about an issue that specifically impacts your case.


(Dial into *either* conference)
Dial-in : (712) 770-4010 Access Code : 400-533

**OR**

Dial in: (641) 715-3580 Access Code: 826-780

hil3182
12-31-2015, 02:20 PM
Please post questions you want answered on the call on FB (https://www.facebook.com/events/730130103786805/).

thokkalohdi
12-31-2015, 02:25 PM
on this latest development... all i here is all of us pretending to be lawyers and making something out of it. We want to know what is IVs opinion.. is it a good thing or bad thing. Is this acceptable to H1 community.

When Obama made the speech there was so much hi-fis and congrats going around... and now we dont have anything except for a 181 page document that doesnt combine h1b, 140 ead and ap together.

hil3182
12-31-2015, 02:49 PM
on this latest development... all i here is all of us pretending to be lawyers and making something out of it. We want to know what is IVs opinion.. is it a good thing or bad thing. Is this acceptable to H1 community.

When Obama made the speech there was so much hi-fis and congrats going around... and now we dont have anything except for a 181 page document that doesnt combine h1b, 140 ead and ap together.

This rule is garbage.

To believe anything else is to be dishonest to ones self. It falls far short of what we believed was promised to us when we started the process.

We will be discussing this issue in-depth on the call.

PNRS4412
12-31-2015, 02:55 PM
This rule of ead for 140 is useless to all of us. It says u can only move the ead only if u have some compelling circumstances. This rules doesn't change for legal immigrants waiting for years...I hope we can do something regarding this useless rule and i am really postive that IV can provide leadership in this regard

Eadfor I140
12-31-2015, 03:07 PM
Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances--(c)(35). File Form I-765 along with documentation that you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status, that an Immigrant Petition for Alien Worker (Form I-140) was approved on your behalf, and you face compelling circumstances while you wait for your immigrant visa to become available. Please see the USCIS Web site at
Application for Employment Authorization | USCIS (http://www.uscis.gov/I-765)
for the most current information on where to file this benefit request. If you are requesting renewal of employment authorization under (c)(35), to qualify, you must continue to be the principal beneficiary of an approved EB-1, EB-2 or EB-3 immigrant visa petition and either: (1) you continue to face compelling circumstances; or (2) you have a priority date that is less than one year from the current cut-off date for the relevant employment-based category and country of nationality in the most recent visa bulletin published by the Department of State. However, you will not need to establish non immigrant status for renewal.


Can someone be on EAD till he/she can get Green Card? Is their AP come with EAD?

GC2022
12-31-2015, 03:24 PM
Is this call recorded? I really want to attend it but will not have connectivity!

palciparum
12-31-2015, 03:27 PM
Please record this call and post it for people who won't be able to attend it.

I want to but I will be inflight at that time.

RandomizedPrecision
12-31-2015, 04:29 PM
Thanks for hosting the call and for Aman to be willing to take time out over the weekend to answer questions.

Clearly this regulation does not do much more than paying lip service to the idea of "Retaining Skilled Workers".The only benefits I see are 60 day grace period, no revocation of 140 and retention of dates. But overall, it seems like these were non codified rules that are just being codified now explicitly. So, in that sense this isn't much progress at all.

It seems like USCIS is saying that because we have made it easier for you to retain\not lose your date and due to the same or similar we have made it easier to take promotion etc. now you should be able to do endless transfers of H1 visas between employers and don't really need an EAD \ AP.

I am quite surprised that there is such a huge gap between what they believe "Freedom" is vs. what the overall EB community would accept at a bare minimum. Something seems to have gone horribly wrong in this process of rule making.

I am sure we'll have a co-ordinated response for comments but I am just curious how effective these comments are in helping make changes to proposed rules? I mean, I would expect to see thousands of comments and many of them will ask for EAD and AP without many restrictions. However, can USCIS not simply ignore them and still do what they are proposing right now?


Regards,

vsound1
12-31-2015, 09:08 PM
I am sure we'll have a co-ordinated response for comments but I am just curious how effective these comments are in helping make changes to proposed rules? I mean, I would expect to see thousands of comments and many of them will ask for EAD and AP without many restrictions. However, can USCIS not simply ignore them and still do what they are proposing right now?


This is also my biggest worry. Also, those who are pleased with the legislation will also comment, for sure. IV does anyone read those comments?

mamit1
01-01-2016, 04:29 PM
I would like to know if there is anything at all that we can do to get the changes that should have been in the rule from the start? as per all the discussions here and other places that the rule is simply an eyewash to give the false hope of finally giving the legal immigration community some of the respect that it deserves for playing our part in making this country the best in all aspects.

This rule seems like another way in which the hard working legal immigrants got cheated out of what they deserved by USCIS, the employers and the lawyers who have all pretended to be on our side.

I just want to know if any energy spent on making the noise to bring light to this hopeless rule will even have a chance of standing before the big money that was probably spent in making this rule as ineffective as it can possibly be.

Ramalingam
01-01-2016, 05:27 PM
Thanks for hosting the call and for Aman to be willing to take time out over the weekend to answer questions.

Clearly this regulation does not do much more than paying lip service to the idea of "Retaining Skilled Workers".The only benefits I see are 60 day grace period, no revocation of 140 and retention of dates. But overall, it seems like these were non codified rules that are just being codified now explicitly. So, in that sense this isn't much progress at all.

It seems like USCIS is saying that because we have made it easier for you to retain\not lose your date and due to the same or similar we have made it easier to take promotion etc. now you should be able to do endless transfers of H1 visas between employers and don't really need an EAD \ AP.

I am quite surprised that there is such a huge gap between what they believe "Freedom" is vs. what the overall EB community would accept at a bare minimum. Something seems to have gone horribly wrong in this process of rule making.

I am sure we'll have a co-ordinated response for comments but I am just curious how effective these comments are in helping make changes to proposed rules? I mean, I would expect to see thousands of comments and many of them will ask for EAD and AP without many restrictions. However, can USCIS not simply ignore them and still do what they are proposing right now?


Regards,

They have to consider each and every comment and if multiple persons put same comment then their work will be easy. But not necessarily they have to change the regulation. They have authority to change the regulation if law allows. They can also ignore the comment if they think that accepting the comment is not under law. Past history says that they made some changes based on the comments they received. But it could be difficult to make EAD for I140 without any strings. There is a difference between H4-EAD and I140 EAD. Pretty much no restrictions for H4-EAD but I140 EAD is lot different.

palciparum
01-01-2016, 09:13 PM
I support Retention of PD. It's not in regulations and USCIS has been revoking it if employer withdraws I-140. Most people are not aware of this.

We should be smart to support it and ofcourse ask for more. But I want what's already been served to me. It's very important to retain PD when changing employers and now it can become part of regulations so there is no ambiguity about it.

Our comments should specifically support it.

penguin80
01-02-2016, 11:21 AM
By two bits of comments for the proposed rule:

The current proposed changes doesn't alleviate the sufferings of hopeful immigrants currently in the backlog and waiting a decade for their visa number. The expectation from this rule change was that the rule would eliminate the need for continuing to be on H1B. Forcing people to continue to working for ONLY H1b sponsor companies is keeping the wages in tech sector low because there are very limited number of companies who sponsor H1B. Removing that limitation would give the freedom deserved by H1B people who have suffered under this restriction for years but have still followed the US laws.
My proposed amendment to the rule is to remove the arbitrary language of "Compelling circumstances" to qualify for EAD and filing of I-485 application and replace it with "if I140 was approved N number of years ago". This change would allow people to wait for their visa number and still maintain legal working status while not being tied to chains of H1B sponsorship.

Otherwise this rule is, in words of earlier facebook user, USCIS's new year gift of "Baba ji ka thullu" to skilled immigrant community.

palciparum
01-02-2016, 01:19 PM
There are lot of negative comments being posted in opposition to whats being offered however disappointing it looks.

If we don't post comments supporting what's being offered and asking for more and being very specific, I fear we will lose even what's on the table.

People should read the comments that are being posted which are either opposing the rule or not helpful at all.

After IV call, we need to get our brethren and community together to post specific comments.

foia
01-02-2016, 03:51 PM
Aman Kapoor - President, Immigration Voice will talk in-depth about recent developments, next steps and action items as it relates to the recently announced regulations and the ongoing legislative efforts. If you are impacted by the recently announced regulation "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Worker" - also popularly known as the "EAD for I-140 rule" - we think you will find this call highly valuable.


Some notes about this call

- We anticipate a large volume of participants for this call. Please use *either one* of the dial in codes available.

- Please post your questions in this thread BEFORE 9 pm EST on Saturday 1/2. We want to make sure we address all questions & topics.

- We will try our best to answer every question as it relates to the regulation and other legislative efforts, but are not able to provide answers and advise on individual immigration cases. Please refrain from asking about an issue that specifically impacts your case.


(Dial into *either* conference)
Dial-in : (712) 770-4010 Access Code : 400-533

**OR**

Dial in: (641) 715-3580 Access Code: 826-780

It will be always less no matter how much we thank you.

This rule seems derailed completely from what it was looking earlier from the leaked memo and all, we all know who are behind this derailing. IV already told us the "watering down" process behind the scenes.

My concern is: If NOT this rule, then can we expect something better in near future since this administration is ending anyways. So, if our negative comments will stop this rule from happening at all or delaying it, will there be anything better or nothing at all. Since I understand this rule is BS but it still proves official confirmation on "I-140 irrevokability" and H1B grace period. Which is peanuts but again "something is better than nothing" .. so, I want to know how powerful will be the power of comments to change it in our favor more?

Also, on the other hand, the same groups of lawyers and employers who have watered down this, will still comment on it to make it happen in the same or even less effective way, won't they?

Last but not the least, there is NO EAD at all. An EAD only for people with "compelling reasons" having only 1 year validity and that too with NO renewals, if PD/FA is not gonna be current (which we are never sure how visa bulletin will fluctuate or retrogress), literally means = NO EAD AT ALL.

Can we do something to change that clause???

nvedia
01-03-2016, 11:56 AM
There are lot of negative comments being posted in opposition to whats being offered however disappointing it looks.

If we don't post comments supporting what's being offered and asking for more and being very specific, I fear we will lose even what's on the table.

People should read the comments that are being posted which are either opposing the rule or not helpful at all.

After IV call, we need to get our brethren and community together to post specific comments.

Can you please provide link to read the current comments ?

Jambo
01-03-2016, 02:13 PM
This rule is garbage.

To believe anything else is to be dishonest to ones self. It falls far short of what we believed was promised to us when we started the process.

We will be discussing this issue in-depth on the call.

Hil,

I think it is now quite evident that the AILA lobby as well as the H1B body shops like Infosys had a hand in influencing this rule. Immigration Voice needs to take a stand. If we don't get what we want, I suggest that IV send out a press release containing a "letter of boycott" to:
1) all employers that have laid off American workers in order to get cheap H1B labor [e.g. Disney]
2) A list of lawyers that have advocated to water down the I 140 EAD AP provisions
3) All Indian consulting companies that pay less than market wage [please note and market wage is not the same as prevailing wage]

This letter should also instruct all readers that:
1) IV members have been instructed to boycott the above businesses
2) elite colleges in India have been sent a letter informing them of this racist immigration system with presentations to follow, and urging students to study in any other country except the US
3) IV is coordinating with pro-immigration politicians in other G8 countries who are more receptive to high-skilled immigrants to start an awareness program to encourage current H1B immigrants in limbo to migrate to their countries instead
4) IV is sending this letter to major US colleges as well as major US College associations

The only language these people understand is the law of money. Let us hit them in the pocketbook, where it hurts.

abhi_2753
01-03-2016, 08:59 PM
I have a specific question, if someone could answer will be great help. I asked this question in wrong thread. sorry about asking this question twice.

I have 140 approved almost 4 years ago with employer A. Then I moved to employer B and employer A revoked 140. My current employer is in process of PERM. My question is with proposed memo, will I able to get extension even my 140 is not approved with current employer and even previous 140 is revoked?

RandomizedPrecision
01-03-2016, 10:33 PM
Hil,

I think it is now quite evident that the AILA lobby as well as the H1B body shops like Infosys had a hand in influencing this rule. Immigration Voice needs to take a stand. If we don't get what we want, I suggest that IV send out a press release containing a "letter of boycott" to:
1) all employers that have laid off American workers in order to get cheap H1B labor [e.g. Disney]
2) A list of lawyers that have advocated to water down the I 140 EAD AP provisions
3) All Indian consulting companies that pay less than market wage [please note and market wage is not the same as prevailing wage]

This letter should also instruct all readers that:
1) IV members have been instructed to boycott the above businesses
2) elite colleges in India have been sent a letter informing them of this racist immigration system with presentations to follow, and urging students to study in any other country except the US
3) IV is coordinating with pro-immigration politicians in other G8 countries who are more receptive to high-skilled immigrants to start an awareness program to encourage current H1B immigrants in limbo to migrate to their countries instead
4) IV is sending this letter to major US colleges as well as major US College associations

The only language these people understand is the law of money. Let us hit them in the pocketbook, where it hurts.
All fair points but if IV ended up working on every single idea that every one had then I suspect nothing would ever get done. Coalitions and Grassroot movements work when they have a laser like agenda (which IV does) and they have a few things that they work on to very good at.

We should just coalesce around the general theme Aman laid out.

1. Donate as much as you can (preferably a recurring donation)
2. Comment on regulations.gov for the rule (use the IV template). Comment often - there is no limit.
3. Approach and work with the district and local lawmakers and staffers for both the House and Senate
4. Attend advocacy days in person

PS: I have done everything other than #4 above and I hope to get on with that this year too.

Good luck to all of us.

whiteStallion
01-04-2016, 02:33 AM
Have the call been recorded ? If so, Can I get a link to the recording ?

abhi_2753
01-04-2016, 10:29 AM
I have a specific question, if someone could answer will be great help. I asked this question in wrong thread. sorry about asking this question twice.

I have 140 approved almost 4 years ago with employer A. Then I moved to employer B and employer A revoked 140. My current employer is in process of PERM. My question is with proposed memo, will I able to get extension even my 140 is not approved with current employer and even previous 140 is revoked?

Can Somebody please help me with this question. Appreciate your help.

DMX17
01-04-2016, 10:41 AM
I have a specific question, if someone could answer will be great help. I asked this question in wrong thread. sorry about asking this question twice.

I have 140 approved almost 4 years ago with employer A. Then I moved to employer B and employer A revoked 140. My current employer is in process of PERM. My question is with proposed memo, will I able to get extension even my 140 is not approved with current employer and even previous 140 is revoked?

If your I-140 from Employer A is already revoked, you will not be able to use that today or when the new rule goes in effect for new H-1 extension. I mean the new rule does not intend to create a new Zombie I-140 category where died I-140 (killed by employer) will come back to life for "lifetime" wage depressing H1 extensions.


That revoked I-140 is, however, good for retaining the priority date (which your employer B should request on their I-140) and this "PD porting" is allowed NOW under the current law only.

abhi_2753
01-05-2016, 11:12 AM
If your I-140 from Employer A is already revoked, you will not be able to use that today or when the new rule goes in effect for new H-1 extension. I mean the new rule does not intend to create a new Zombie I-140 category where died I-140 (killed by employer) will come back to life for "lifetime" wage depressing H1 extensions.


That revoked I-140 is, however, good for retaining the priority date (which your employer B should request on their I-140) and this "PD porting" is allowed NOW under the current law only.

Thanks DMX17
While I was waiting for your answer, I also asked same question to Murthy law firm. I know that the if it comes to policy I shouldn't listen to Lawyers but as this is specific question I asked them and here is what I got response. I am bit confused.

Question-
I have a specific question, if someone could answer will be great help.
I have 140 approved almost 4 years ago with employer A. Then I moved to employer B and employer A revoked 140. My current employer is in process of PERM.

1) My question is with proposed memo, will I able to get extension even my 140 is not approved with current employer and even previous 140 is revoked?
2) How would I know if my employer A revoked 140 or not?

Response below-
1. The proposed changes suggest an individual can obtain H1B extensions even when an I-140 is withdrawn by an employer if that I-140 has been approved for at least 180 days prior to withdrawal.
2. You can check the online status at Homepage | USCIS (http://www.uscis.gov). However please be aware USCIS does not always update the case status punctually or accurately 100% of the time.