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     Jaffaa Mudiripoyina Bewarse Username: Jaffaa Post Number: 23475 Registered: 03-2008 Posted From: 204.14.239.75 Rating: N/A |
check here: http://immigration-law.com/ 12/30/2015: Portability of Approved I-140 Petition Under the Proposed Rule of Modernization The proposed rule indicates that those with the approved I-140 petition will enjoy portability of the approved I-140 petition once 180 days pass from the date of the I-140 approval. If the approved petition is withdrawn by the sponsoring employer within 180 days of the I-140 approval, the USCIS will revoke the approved I-140 petition and he/she will not be able to use it for portability or for I-485 application in the future using the approved petition. Meanwhile, if he/she ports after 180 days of approval of the I-140 petition, even if the sponsoring I-140 petition employer withdraws the approved petition, the USCIS will not be able to revoke the approved I-140 petition and such approved I-140 petition will remain valid unless it revokes based on its determination of misrepresentation or fraud or error of the agency in approval. For the reasons, practically the proposed rule requires that the beneficiary of the approved I-140 petition should not change employment for 180 days, even if for a same or similar occupational classification. Inasmuch as he/she changes the employment after 180 days of I-140 approval, the new employer does not have to sponsor another PERM application and another I-140 petition to keep him or her without affecting his/her green card eligibility. One catch is that unlike the current law, the new employer will have to certify that the job is a same or similar job and the job will continue to exist through the time of approval of his/her green card application. Under the current law, I-140 sponsoring employer and the foreign worker must attest to such facts, but not for the new employer who hires a foreign worker using the approved I-140 portability. Another catch is that because of the restrictive requirement of EAD eligibility for such foreign workers, as this reporter reported earlier, the proposed rule practically asks the foreign workers to keep working for a new employer using one of the employment authorized nonimmigrant visa classifications. 12/30/2015: Proposed Rule of Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers This proposed rule for modernization of employment-based immigration system reform, aka I-140 portability/EAD rule, will be published in the federal register tomorrow, 12/31/2015, in the federal register. However, our readers can read the full text of this proposed rule now. Here is the advance copy. This proposed rule intends to (1) improve job portability for certain beneficiaries of approved employment-based immigrant visa petitions by limiting the grounds for automatic revocation of petition approval; further (2) enhance job portability for such beneficiaries by increasing their ability to retain their priority dates for use with subsequently approved employment-based immigrant visa petitions; (3) establish or extend grace periods for certain high-skilled nonimmigrant workers so that they may more easily maintain their nonimmigrant status when changing employment opportunities; and (4) provide additional stability and flexibility to certain high-skilled workers by allowing those who are working in the United States in certain nonimmigrant statuses, are the beneficiaries of approved employment-based immigrant visa petitions, are subject to immigrant visa backlogs, and demonstrate compelling circumstances to independently apply for employment authorization for a limited period. These and other proposed changes would provide much needed flexibility to the beneficiaries of employment-based immigrant visa petitions, as well as the U.S. employers who employ and sponsor them for permanent residence. Additionally, this proposed rule proposes (5) changes to its regulations governing the processing of applications for employment authorization to minimize the risk of any gaps in such authorization. These changes would provide for the automatic extension of the validity of certain Employment Authorization Documents (EADs or Forms I-766) for an interim period upon the timely filing of an application to renew such documents. At the same time, in light of national security and fraud concerns, DHS is proposing to remove regulations that provide a 90-day processing timeline for EAD applications and that require the issuance of interim EADs if processing extends beyond the 90-day mark. This proposed rule will be published in the federal register tomorrow with a 60-day comment period. We will summarize further this proposed later. It is a 181-webpage rule and requires a time to sip through and summarize the complete text. In the meantime, readers can also read through this proposed rule during this long year-end/new-year holidays. VERY GOOD NEWS FOR EB-PROFESSIONALS. |