e********z
发帖数: 4 | 1 10/25/2016: USCIS Submitted to OMB Yesterday Draft of Final Rule of
Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements
Affecting Highly-Skilled H-1B Nonimmigrant Workers ("aka I-140 EAD Rule")
This is one of the most important rule of the Obama Administration's reform
and modernization of employment-based immigration system. Immigrants as well
as employers have been anxiously waiting for this final rule. Immigrants
have been waiting for this rule because it gives them opportunity for
mobility and going into the competitive American labor market, albeit
incomplete. Some employers, especially large computer consulting companies
that depend on large number of foreign workers, waited for this final rule
since this final rule would allow them to bring in increased number of
foreign workers without the fear of penalty of large amount of filing fees
of $4,000 for H-1 or $4,200 for L-1 petitions since they could covert their
H-1B employees to EAD employees pending the green card process. However,
there were many employers that opposed this rule for fear of losing some of
the employees who go into the open labor market and leave the employer. In a
way, this rule is considered a mixed bag of advantage and disadvantage for
the employers.
This final rule is not likely published before the national election, but
consumers can see the fruits soon. We are not certain how much they changed
the text of the proposed rule in the final rule. Please stay tuned.
source from: http://www.immigration-law.com/XXIV.html | D***o
发帖数: 7159 | 2 信息量不大啊
Improvements
reform
well
【在 e********z 的大作中提到】
: 10/25/2016: USCIS Submitted to OMB Yesterday Draft of Final Rule of
: Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements
: Affecting Highly-Skilled H-1B Nonimmigrant Workers ("aka I-140 EAD Rule")
: This is one of the most important rule of the Obama Administration's reform
: and modernization of employment-based immigration system. Immigrants as well
: as employers have been anxiously waiting for this final rule. Immigrants
: have been waiting for this rule because it gives them opportunity for
: mobility and going into the competitive American labor market, albeit
: incomplete. Some employers, especially large computer consulting companies
: that depend on large number of foreign workers, waited for this final rule
| L*******d
发帖数: 2760 | 3 估计大选之前是不可能有什么进展的，可能年底之前会发布吧，关键的问题是改了多少
，原来的东西没什么太大的用处。不要有太大的期望。
【在 D***o 的大作中提到】
: 信息量不大啊
:
: Improvements
: reform
: well
| w***3
发帖数: 938 | 4 不乐观.
USCIS这是摆明了要选后发布。本来条款就很差，没什么用，如果选前发布，可能被用
来攻击希拉里。所以O8指导选后发布。
基本可以看成鸡肋，放弃幻想了。
【在 L*******d 的大作中提到】
: 估计大选之前是不可能有什么进展的，可能年底之前会发布吧，关键的问题是改了多少
: ，原来的东西没什么太大的用处。不要有太大的期望。
| w********d
发帖数: 1131 | | u***n
发帖数: 21026 | 6 大致什么条款，现在正在140，是不是说140后不能拿到EAD了？
【在 w***3 的大作中提到】
: 不乐观.
: USCIS这是摆明了要选后发布。本来条款就很差，没什么用，如果选前发布，可能被用
: 来攻击希拉里。所以O8指导选后发布。
: 基本可以看成鸡肋，放弃幻想了。
| F********r
发帖数: 1748 | 7 嗯，不妙啊。
final rule 到effective估计最多还能拖三，四个月。
【在 w********d 的大作中提到】
: J form会出来吧？
| k*******k
发帖数: 475 | 8 麻蛋的，不要啊！
【在 w********d 的大作中提到】
: J form会出来吧？
| u***n
发帖数: 21026 | 9 Is approved I-140 EAD same as I-485 EAD?
Discussion: EADs are all different depending on each program. For instance,
H-4EAD and L-2EAD do not affect the underlying H-4 and L-2 nonimmigrant
status. Therefore, when it comes to international travel, since you have a
valid nonimmigrant visa, you can just return with H-4 and L-2 visa stamp.
However, when you get I-140 EAD or I-485 EAD, it invalidates the underlying
nonimmigrant status. Therefore, when you make an international travel, you
need a special travel permit named Advance Parole. After you return, you
also have to work on EAD even if you had a valid employment-authorized
nonimmigrant status such as H-1B. "Issuance" of EAD does not invalidate the
underlying nonimmigrant status. It is "use" of EAD to work that stops the
underlying nonimmigrant status. In the case of I-485 EAD, H-1B nonimmigrant
status can be reinstated if you stop working on EAD and the employer files
and obtains extension of H-1B. It is not certain the same will apply in 140
EAD case. Remember that the proposed rule does not encourage approved I-140s
to get I-140 EAD because of this issue of relinquishing nonimmigrant status.
看来140 EAD没有毛用 | F********r
发帖数: 1748 | 10 出final rule的时候会给出公众评论阶段的支持和反对百分比。
这个rule被除了律所之外的所有美国人和合法移民反对。我很好奇到时候移民局怎么来
justify通过这个东西。
Improvements
reform
well
【在 e********z 的大作中提到】
: 10/25/2016: USCIS Submitted to OMB Yesterday Draft of Final Rule of
: Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements
: Affecting Highly-Skilled H-1B Nonimmigrant Workers ("aka I-140 EAD Rule")
: This is one of the most important rule of the Obama Administration's reform
: and modernization of employment-based immigration system. Immigrants as well
: as employers have been anxiously waiting for this final rule. Immigrants
: have been waiting for this rule because it gives them opportunity for
: mobility and going into the competitive American labor market, albeit
: incomplete. Some employers, especially large computer consulting companies
: that depend on large number of foreign workers, waited for this final rule
|
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