Breaking News: O M B Approved I-140 E A D/portability Proposed Rule

[jpismahatma]

mother frocker compelling circumstances.... rod....

[KillChillPandey]

mother frocker compelling circumstances.... rod....

 

Roddest of the rods.. and more over they are gonna have only 11 months difference between actual GC dates and the AOS filing date... ela andi ela how.. ela vastai ilanti thoughts.. 

[Rao_Garu]

"During this renewal cycle, USCIS is submitting a revision request through a proposed rule entitled, Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,), published in the Federal Register on [insert date]. This rule proposes to provide additional stability and flexibility to certain high-skilled nonimmigrant workers in the United States who are the beneficiaries of approved employment-based immigrant visa petitions but who cannot obtain an immigrant visa number due to current backlogs and are experiencing compelling circumstances. Specifically, the rule proposes to allow such beneficiaries in the United States on E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status to apply for employment authorization for a limited period if there are compelling circumstances that, in the discretionary determination of DHS, justify the consideration of such employment authorization. In order to qualify for a renewal of employment authorization, the difference between such beneficiaries’ priority date and the date upon which the immigrant visas are authorized for issuance for the principal alien’s preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin" 

[ravula]

 

The highly anticipated proposed rule RIN 1615-AC05 has made it through the first step, OMB review is complete. Now we must wait for the proposed rule to be published in the Federal Register. Once the proposal is published, we can expect a 60 day comment period. Following the comment period, the Department of Homeland Security will review all of the comments and decide whether any changes to the rule are needed. The final rule will be submitted to the OMB again for review since this is an economically significant rulemaking. Once OMB approves, the final rule can be published in the Federal Register. Most likely, there will be a 60-day delay before the rule can take effect. So, we are looking at a minimum of 4 months. It is expected that the rule will be in place before President Obama’s term ends.

The big question remains: what exactly is in the rule???

Unfortunately, we just have to wait a little longer for the Federal Register notice. We anticipate that this rule contains the much sought-after I-140 EAD.

We know that the rule is intended to provide greater stability and job flexibility to certain beneficiaries of approved employment-based immigrant petitions during their transition from nonimmigrant to lawful permanent residence status and to enable U.S. businesses to hire and retain highly-skilled foreign-born workers. 

We may have some insight into these “certain” I-140 beneficiaries based on the OMB review of the I-765 form. When an agency wants to update a form (also known as an “Information Collection”) they must submit it to the OMB. You will see in the top right corner of any immigration form, that there is an OMB No. and an expiration date. Last month, the Department of Homeland Security submitted a statement to OMB explaining the changes it intends to make on the I-765 form. In this statement, DHS indicates that part of the reason for change is related to the proposed rule entitled Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers (RIN 1615-AC05). The supporting statements indicates:

This rule proposes to provide additional stability and flexibility to certain high-skilled nonimmigrant workers in the United States who are the beneficiaries of approved employment-based immigrant visa petitions but who cannot obtain an immigrant visa number due to current backlogs and are experiencing compelling circumstances. Specifically, the rule proposes to allow such beneficiaries in the United States on E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status to apply for employment authorization for a limited period if there are compelling circumstances that, in the discretionary determination of DHS, justify the consideration of such employment authorization.  In order to qualify for a renewal of employment authorization, the difference between such beneficiaries’ priority date and the date upon which the immigrant visas are authorized for issuance for the principal alien’s preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin.

The supplemental documents include the planned changes to the I-765 forms and instructions and provides new categories (c)(35) for main applicant and (c)(36) for spouses and children. Evidence to be submitted with the I-765 most likely will include:

1. Proof you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status.Submit a copy of your Arrival-Departure Record (Form I-94) showing your admission as an E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant, or a copy of your current Form I-797 approval notice for Form I-129.

 

2. Proof of Your Approved Form I-140. Submit a copy of a Form I-797 approval notice for Form I-140 showing the Immigrant Petition has been approved for you.

 

 

3. Evidence you are facing compelling circumstances while you wait for your immigrant visa to become available.

 

4. Secondary Evidence. If you do not have the evidence listed in 1, 2, or 3 above, you may ask USCIS to consider other evidence (“secondary evidence”) in support of your application for employment authorization.

 

 

 

[sqladdict]

Cichaa...oka vela...ac date ..filing date ki 1 year difference vuntey...i140 eadap file cheyyochaa

[KillChillPandey]

Cichaa...oka vela...ac date ..filing date ki 1 year difference vuntey...i140 eadap file cheyyochaa

 

yes

[sqladdict]

Cichaa...oka vela...ac date ..filing date ki 1 year difference vuntey...i140 eadap file cheyyochaa

do u think this wil be those wierd circumstances??

[KillChillPandey]

do u think this wil be those wierd circumstances??

 

that is diff.. 11 months gap undali ankunta dani ardham adey kada

[sqladdict]

So if pr date = ac date...eppatiku avvudi...

[sqladdict]

Example
prdate = 01012012
Ac date = 09012009
Fil date = 09012007

So we cant get 140ead??

[sqladdict]

Or is it acdate-prdate gt 1 year...then we can file 140ead??

[JUSTME]

that is diff.. 11 months gap undali ankunta dani ardham adey kada

 

ippudu unna 2 priority dates madhya 1 year gap undi kada. what is the use of this rule re??

[sqladdict]

ippudu unna 2 priority dates madhya 1 year gap undi kada. what is the use of this rule re??

yaa use my example and plz explain

[KillChillPandey]

Example
prdate = 01012012
Ac date = 09012009
Fil date = 09012007

So we cant get 140ead??

 

I think the scenario is :

 

Fil date = 09012007 ( for GC)

 

PRdate shoudl be 09012008 then you are eligible for Adjustemnet of status ani antunnaru.. i donno if they will revise Visa bulletin with new instructions..

[KillChillPandey]

ippudu unna 2 priority dates madhya 1 year gap undi kada. what is the use of this rule re??

 

this is moslty biskit rule vuncle.. max portability istaru antey.. migta anta same to same.. ippudu unna dates lo movements eda unnai..