Discussion in 'General discussion about executive action' started by Ron Gotcher, Apr 2, 2015.
i think these are excellent, as Ron said, if we strongly believe in something we shouldn't hesitate to send our comments to USCIS, there are no 'right' answers.
I agree. The "right" answer is whatever you believe. They want to know how you feel about these issues, so please share your thoughts.
I am hoping everyone is emailing USCIS the comments they are posting on this forum.
The best way to send the comments to USCIS would be to send them in a Q/A format in the order they asked the questions.
Just realized everyone is just talking about EAD, NOT AP .., we would still need to stamp H1b as EAD is not a status when we re-enter US.
Ron - do you think the AP is implied when they speak of EAD?
If they are contemplating allowing the filing of an I-485, then AP is definitely on the table. If it is just an EAD, like the H4 EAD, no.
That brings up another interesting question. If it just an EAD for H1Bs , should the applicant go through PERM,I-140 process once again if he/she changes employer. If yes, then I do not see any point in issuing EADs.
The way US lawmakers have been handling immigration, reminds of "there I fixed it" images.
Back in November, they talked about giving greater mobility and freedom to EB applicants. I took that to mean PERM portability.
But EAD for H4 makes sense. EAD for H1B is meaningless if it does not provide an underlying status distinct from H1B. Am I missing something here?
I will be sending these tomorrow to USCIS. Let me know if these suggestions look good.
3) If possible to extend employment authorization (EAD) eligibility to beneficiaries of approved Form I-140 petitions who are unable to file for adjustment of status due to visa unavailability, what should be the timeframe after approving an I-140 petition for conferring an EAD?
(a) At the most 6 months after I-140 is approved.
(b) on Another note, it would be great if the EAD is confered through existing I 485 adjustment. The reason being, kids of the beneficiaries of I 140 petitions are waiting in line, and to be in the country or attend college they have to switch to F1 visa, which is very tedious and painful process. Through I 485 adjustment these kids will also be confered EAD.
4) Should a beneficiary’s priority date and porting eligibility be preserved when the petitioner withdraws an otherwise approved or approvable I-140 petition and/or terminates its business? How should the portability provisions be crafted to allow for this?
a) If the beneficiary is on H1B, and might have already consumed the 6 year limit, then he should be able to transfer his H1B with any employer using the withdrawn I 140 and/or if the existimg employer terminates its business. The priority date should be portable with another employer where he transfered.
b) If the beneficiary is on H1B then he/she should have a 180 day grace period to stay in the country.
c) The beneficary can be confered an EAD with a pre-registeration process and can stay in the country until the EAD is approved. point "a" above could be irrelavant if this is implemented.
5) What are some ideas for improving how USCIS evaluates “same or similar” in an AC21 analysis of two jobs?
a. Should USCIS implement an application process, which would include a form and fee, to request AC21 portability (e.g. pre-adjudicate whether a new position is the same or similar as the I-140 position)??
USCIS should not implement an application process, because it will be same as now that there will not be any clarity on "same or similar" classification, unless USCIS clearly says what is "same or similar".
b. Most of the existing PERM/I 140 petitions are in the computer science field. The technology is so rapidly changing that the job descriptions and titles will also change over time. The DOL calssification will become irrelavant. It would be great if the "Same or similar" classification can be made using the degree mentioned in the original petition. If the future job requirement mentions atleast one of the Bachelors/Masters degree specialization as mentioned in the original PERM or I 140 petition, then the beneficiary should be able to change jobs.
c. If the AC21 act itself is more flexible then it would be great if the beneficary is also given choice to open a company of his/her own choice in any of the fields and change jobs to any of the fields.
Agreed. Only EAD for H4 makes sense as they are still dependent on the primary H1B's status. Giving H1Bs EADs without AP does not make sense as they will still have to maintain H1B status which takes out the main reason they are doing this in the first case. Allowing Pre-Registration so that people stuck in the backlog can get the benefits of AOS without having their PDs current and this includes AP. What purpose is the EAD if people will still have to file H1B if they switch jobs?
Doesn't the EA as well as the future proposal mentioned EAD/AP for approved I-140, because it said that to provide relief to applicants held in backlogs so that they can change jobs and travel. Correct me if I am wrong.
IV has just commented on their Facebook page that implementation of I-140 EAD will be delayed. If their comment is true (they usually don't make such comments if they don't have information), along with it goes all the timing speculations.
Hi, can you please share the link of the facebook page? Thanks in advance.
It is in response to someone's comment on their most recent thread.
I think you just exaggerated it my friend
They clearly said that it is not coming anytime soon, right? Where is the exaggeration?
Separate names with a comma.