Hope this interpretation from immigration voice is reliable
JULY 15, 2015 UPDATE & CLARIFICATIONS. PLEASE LIKE AND SHARE THIS SO THAT
ALL CONFUSION CAN BE CLEAR ABOUT THE REPORT ON THE FORUMS.
Please continue to visit immigration voice.org and immigration voice
Facebook page to more information and action items in the days to come.
Question: IV asked us to have "Papers Ready". If this is just a report I don
't understand why you asked us to have papers ready.
IMMIGRATION VOICE Answer: We have said this before, but some folks keep
asking the same question again.
The original plan was to make VB current for the month of July. That is why
we provides heads up to folks to get papers ready.
Subsequently, because of the EAD for H4 lawsuit, Administration was
concerned about a possible lawsuit for making Vb current. dropped the plan
for making VB current. So there was change of plan.
In retrospect we did the right thing for sharing what was going on then. If
you got papers ready, that will not hurt anyone, you will need them at some
point. Many folks will soon be able to use the documents in October.
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Question: The report looks like a joke! No EAD for approved 140, no
recapture..?
IMMIGRATION VOICE Answer: Recapture?? Did anyone ever said that there will
be recapture in this report?
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Question: Although most points were already shared by IV, it's good that it'
s on official paper. Cheers!
2) It also appears that the employee will be free after 1 year of I-140
approval, which contradicts with what we asked for (no wait time). Please
confirm.
IS there a way the community/we can help speed up the rule making?
IMMIGRATION VOICE Answer: Yes, we asked for it. But some idiots kept on "
tweeting" that they wanted to wait 1 year "ONLY". We kept on asking not to
tweet the wrong message, but some people just don't learn, don't they?
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Question: Why this report doesn't contain EAD for I-140?
IMMIGRATION VOICE Answer: This report is about new fixes. The goal is to
make public the new fixes that the Administration plans to implement. Again,
these are "NEW" fixes, in addition to the existing fixes were announced
earlier, including EAD for I-140.
Why this report is important?
Every one is so focused on EAD for I-140. But what good is EAD for I140 if
you cannot change employers or jobs. Or if your employer revokes your I140,
invalidating your I140, and thus EAD. What is the point of having an EAD,
but having to start your green card process all over again if you change
your employer or jobs. And what jobs can one change into using EAD for I140.
This report is an announcement for the fixes that will provide all these
answers.
1.) Your employer will be unable to revoke your approved I140 after 1 year.
2.) You can change employer using EAD without having to start your green
card process all over again.
3.) Using EAD for I140, you will now be able to change jobs as defined by
Same or Similar
In essence, the fixes announced in this report are nuanced, but they will
allow you to live with freedoms while on EAD, these freedoms you will
otherwise get after getting green card.
Without these fixes, you are throw your EAD for I140 in the dustbin. That is
the relevance of this report. Most people waiting in green cards is unable
to complete understand the relevance of this report yet. But in time they
will understand the relevance. That is why these are very very important
fixes. EVERYONE in backlogs will be affected by this report.
Because of Visa Modernization, VB dates are expected to move significantly.
That will allow a lot more folks to file for AOS. So if you have prepared
your documents, then that is good because a lot of folks are expected to be
able to to use them starting October.
Hope this clarifies the significance.
====
Question: It seems the purpose of today's report publication was more for
rationalization of executive action. It doesn't do anything more than to
provide justification for rules changes and relief being proposed by the
administration. The target audience are the skeptics who are against any
immigration changes.
I am guessing major movements towards actual implementation would be around
the elections next year. Same goes for HR 213 which is waiting for the 2016
elections so the parties can influence voters.
But on the positive side, this is good for building momentum and there is
nothing negative to suggest administration is going back on anything
promised.
IMMIGRATION VOICE Answer: Lets put things in perspective and weigh things
accordingly. This has nothing to do with the election or election outcome.
We don't expect anyone to will win or lose elections because pending green
card petition applicants will be able to change jobs, or, because H.R.213
will pass. So this has nothing to do with election. Amplifying or over-
blowing this is not helpful. But it is also important to see things in the
right prespective because this report makes nuanced but significant changes
to the system on the group allowing job mobility to people.
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Question: Lastly and more worrisome: Right now, a worker's priority date is
his/her to keep the minute after I-140 approval. Is the intent of the point
in the report that it will now only be available 1 year after I-140 approval?
IMMIGRATION VOICE Answer: No, it means that after 1 year, you will not have
to restart your green card process even if you change employer. You will be
able to change employer and still continue with the same green card petition
. And yes, you will still retain your priority date.
===
Question: Repeating my question from before . Actually, I'm really bothered
that there's nothing in this report that hints about job mobility and
improved handling of job changes, nothing that ties back to the proposed
rule making by DSH (EAD + AP after I-140).
IMMIGRATION VOICE Answer: To the contrary, all the fixes in the report are
designed to create an environment of job mobility for applicants with
approved I-140. All these fixes are necessary in order to allow job mobility
using EAD after I140.
The purpose of all these changes is to provide job mobility to applicants
with approved I-140. You can even work for the current employer on EAD
immediately after the approval of I-140. Infact, you will be able to change
jobs using EAD from I-140, but your employer will have the ability to revoke
your I-140 until 1 year. This means. if you have an understanding with the
petitioning employer that they will not withdraw your I-140, then, after the
implementation of these fixes, you will be able to change employer or jobs
immediately after I-140 approval on EAD.
===
Question: How will these fixes help me. When will I get my Green Card”
IMMIGRATION VOICE Answer: Most people probably dont understand the meaning
of these fixes. That is why it doesnt sound appealing.
EAD for I140 is useless if you cant change job, or get promotion, or if your
employer withdraws I140. These fixes make your EAD for I140 meaningful.
Without these fixes, you can pretty much throw your EAD in the dustbin. With
these fixes, you will be able to live on EAD nearly close to how you live
with a green card. Hope this make sense and clarifies the reason for these
fixes.
We understand that most immigrants are simple minded folks. Most of us think
that if we have EAD, then that is good enough. But what if employer
withdraws your 140, invalidating your EAD. What good is EAD if you cannot
change employer without having to start your green card all over again. What
good is EAD if you cannot use it to change job or employer, or take a
promotion.
And this report ensures you have those rights that one otherwise would get
with green card. There is no law that says you will get these freedoms with
Green cards only. And theae fixes will ensure you are mostly free. Hope this
explains why there is a gift of freedom in the box, but you are unable to
see it.
======
Question: I do not know whether I should say "Good job IV"...I can't
convince myself as to what in the world is called a "technical glitch" (back
in May) when it is a simple report release....it is not as if all the
things mentioned in the report are already implemented....
Are we saying that there is a technical glitch in White House to upload a
simple report and that took 2.5 months to fix?
IMMIGRATION VOICE Answer: Why dont you call the WH and ask yourself? We are
only telling the truth as we are told. And with that, we have no incentive
to convice you or anyone else with the cause for the delay. It may seem
simple to you, maybe you dont understand the complexity of the process or
the change, who knows, but please do let us know the nature of technical
glitch when you get that from WH.
Look, at the end of the day, WH or DHS or USCIS owes you nothing, nada, zero
. You might as well rot in hell, and no body is responsible for you. The
fact that someone listened and did something that will help improve the
condition of your life, even if you cant see it now, in time you will. Srini
Tata, there is nothing wrong in showing some appreciation once in while,
specifically when someone does something for you. Funny how things work,
because you are worried about 2.5 months delay (in the past) without caring
much about how these fixes will effect your next 10 years.
And if you think you paying taxes entitles you for anything then why are you
looking for answers here? Did you pay taxes to us?
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Question: how long would it take to implement these fixes.. 1 / 2 / 3../ n
years ?
IMMIGRATION VOICE Answer: You dont trust the government, you want timeline,
you dont like the fixes, they are not enough!
Is there something else? If you dont want to step up and do your share,
other than posting when something comes out, then how do you expect to have
any influence over the changes? Try to make your own commitment, and not ask
others for things for which you havent worked for.
As for the timeline - some fixes will be done through Memo, and could be
implemented in 2-3 months, some will need to go through regulatory process,
it could take up to an year’
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Question: Any update on "Pre-register" after 1-140 ? Is that completely DEAD?
IMMIGRATION VOICE Answer: Please STOP calling it preregister and EAD For
I140. You and others dont know, but using these terms abd repeatedly asking
the same question over and over again has severely affect your chance of
filing AOS
These are new fixes, in addition to EAD for I140. EAD for I140 is no good
without these fixes.
===