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Speculation On 140 Ead & Ap

Discussion in 'General discussion about executive action' started by Ron Gotcher, May 29, 2015.

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  1. LeoAugust

    LeoAugust Guru

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    New update from Oh law-http://www.immigration-law.com/

    11/21/2015: OMB Completed Review and Approved on 11/19/2015 USCIS Revised Policy Memorandum on "Same or Similar Occupations" Standard for Approved I-140 Portability

    • On the same date when the USCIS released its draft policy memorandum, the OMB completed its pending USCIS proposed notice and approved notice of such policy memorandum persuant to the rule-making procedure. Therefore, this policy change on the definition and standards for 140 portability has already received the OMB blessing. However, readers are cautioned that the published revised policy memorandum is not in effect until the USCIS release its "final" policy memorandum after the comment period that ends on 01/04/2016. As usual in the other rule-making processing, it may take time for the USCIS to complete review, draft, and release the final policy memorandum that will take effect and legally binding for the USCIS adjudicators. For the reasons, readers should not take these new standards as binding when they port and change employer pursuant to Section 204(j) of the INA. Until the new final policy memorandum is released, they will be subject to the current narrow definition of approved I-140 petition portability when they want to change employer after 180 days of EB-485 application filing.
    • As we reported yesterday, this new standard may apply in the future to those who want to change employer pursuant to forthcoming new regulation on modernization of employment-based immigration system which is likely to allow change of employer with the approved I-140 petition even during the period when their immigrant visa numbers are not current inasmuch as they meet certain requirements for such portability under the new regulation. The USCIS may accelerate this new proposed rule of modernization of employment-based immigration system since it is taken as economically significant rule, but readers are advised not to change employer simply based on the approved I-140 petition alone. In the first place, we do not know what the preconditions for such 140 portability, even though there was some information that certain period should have passed after the approval of I-140 petition. Other than such period requirement, the new regulation may provide other conditition for the new approved I-140 petition portability. Readers should keep patience not to take any chances!
     
  2. manixium

    manixium Super Moderator

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    There's a long thread that's going on about the topic in the members section of the forum.
     
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