Q,
So they did - how odd!
Edit:- The link is back up now.
The final rule can be found here.
It gives a rationale for the 90 day effective date:
Quote:
E. Effective Date
This final rule will be effective on [INSERT DATE 90 DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER], 90 days from the date of publication in the Federal Register. DHS has determined that this 90-day effective date is necessary to guarantee that USCIS will have sufficient resources available to process and adjudicate Applications for Employment Authorization filed by eligible H-4 dependent spouses under this rule while maintaining excellent customer service for all USCIS stakeholders, including H-1B employers, H-1B nonimmigrants, and their families. With this 90-day effective date, USCIS will be able to implement this rule in a manner that will avoid wholesale delays of processing other petitions and applications, in particular those H-1B petitioners seeking to file petitions before the FY 2016 cap is reached. DHS believes that this effective date balances the desire of U.S. employers to attract new H-1B workers, while retaining current H-1B workers who are seeking employment-based LPR status.
Good news on H4EAD - congratulations all
Alright guys.... here is a suggestion. See if you like it.
Send an email to President / DHS Secretary / DHS Under Secretary / & USCIS Chief - telling them that you appreciate the rule change and it would make a material difference to your life and thank you for that.
Here are the email addresses:
The President - president@whitehouse.gov
DHS Secretary - jeh.johnson@dhs.gov / jeh.johnson@uscis.dhs.gov
DHS Under Secretary - alejandro.mayorkas@dhs.gov
USCIS Chief - Leon.Rodriguez@dhs.gov / Leon.Rodriguez@uscis.dhs.gov
Some wise guy (or gal) has said "A hammer may miss its aim ... a bouquet never does."
Hello,
Is this rule for every H4 with approved 140 (or) only for people with an extended H4 is extended beyond 6 years based on an approved 140.
I remember it to be later, but looks like it has been changed as per the latest USCIS post.
Verbiage from USCIS..
Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:
Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.
So apparently it is the earlier one "every H4 with approved 140 for primary"
With H4 EAD rule, its interesting to see what the implications are for folks whose PD will just become current and can file EAD/AP? As far as I see, the H4 EAD has the following advantages:
1. You get EAD for 3 years (or whatever is left on H4) instead of the 1 year EAD
2. Status is still H4, so you dont have to go through the secondary check at immigration
Disadvantages:
1. job loss of primary means out of status and loss of EAD for spouse, right?
Can we apply for both EADs and decide which one to use??
Disclaimer: These questions are not applicable to me at all. We recently became current (PD Feb 2009) and my wife already started work on EAD while I continue to use H1. Will just wait for GC. These were for a friend with the same PD and not yet applied for I-485 + EAD/AP. He is expecting the date to become current this year and this question came up in our discussions.
Gurus, what are your thoughts on this?
No brainer Horizon - you file EAD/AP....
1) Lets say primary files EAD/AP and spouse doesn't. What if primary's 485 gets approved, then suddenly the spouse will have to become a dependent of a GC and we know the extremely long wait times for that!
2) Path to immigrant status always better than non-immigrant status (which H1, H4 etc carry).
An article in the Washington Post from our "friend" Senator Jeff Sessions as to why legal immigration should be reduced.
http://www.washingtonpost.com/opinio...f6a_story.html
I think he is referring to people in the Family immigration (85% of Legal Immigrants).
However, I do agree that only a fool can write this article. He is referring to statistics of 1940-1970 and trying to apply it now. Its not that simple. World has changed drastically in last 50 years.
It was meant as a comedy piece! I'm glad that wasn't lost.
While the article mainly takes aim at the FB/DV part of legal immigration, the numbers quoted also refer to EB and he gets in a few jibes about that too.
In case you had any doubt, he also sent a letter about H1B/L1B/B1 displacing American workers yesterday to DHS and DOL.
He's been busy, hasn't he?
I am sure massive layoffs like Southern california Edition will make sure that no expansion of H1B or GC.
http://www.computerworld.com/article...n-layoffs.html
You have to be happy with H4-EAD and forthcoming I140. Note that out of 10 Senators 2 were co-sponsors of I-Squared bill. Now anyone can guess the fate of I-squared bill. I am sure greed of Indian companies will make them to lose whatever they have.
I do not agree with the last part...
indian companies are not charitable/non profit organizations. They main objective is to make money.... same as any company in the world.
Any job that can be done cheaper (offshore or automated or machines) etc will result in impact to workforce in that job area. People have to adapt to the market. This has been happening for centuries.
Remember Ford's assembly line.. if they would have sat built each car... just because people will loose jobs... imagine that..efficiency/productivity...? just a simple example...
Also somewhere i saw that - an advertisement of RadioShack some 30 years ago.. had like 40 products and next to it there was a smartphone that could do all functions of those 40 products. Now people building those 40 products are probably out of work....so people should have not built a smartphone?
All these examples are machine related.. but there are people who got impacted and they had to adapt.
Similarly.. H1Bs was attractive becuase they are saving cost.. not just in salary... but in terms upto date tehhnology awareness etc.... companies will go for them... people have to adapt and find some niche area...
this applies to people like me as well..in next 10 years... kids 20 years younger to me will be more tech savvy than i am.... i have to step up or do something to flourish..
People reading that Sessions article might have no clue that he is shedding his crocodile tears for US workers to cover up his racist agenda. He is speaking the language of NUSA - reduce US immigration.
For the other article from computerworld, Patrick Thibodeau is a party to anti-immigrant groups like NUSA. He always publishes articles like these. As immigrants we should refrain from giving publicity to such articles. Timing of this article is interesting. It is coming at a time when lawmakers are trying to increase H1B numbers. This is a coordinated media campaign by anti-immigrant groups.
For the other article from computerworld, Patrick Thibodeau is a party to anti-immigrant groups like NUSA. He always publishes articles like these. As immigrants we should refrain from giving publicity to such articles. Timing of this article is interesting. It is coming at a time when lawmakers are trying to increase H1B numbers. This is a coordinated media campaign by anti-immigrant groups.[/QUOTE]
Laying off 450 persons out of 1200 and giving project/job for off shoring companies is not a small matter. Many companies did this in past and it is not an easy thing to get job in this environment.In olden days Layoffs were part of clean up process and it used to give benefit for both the company and employees as the employees used to get better job. But after outsourcing this has changed and for those employees it is taking years to train and get job as everywhere companies are trying to fill by H1bs, outsourcing companies. In consulting for some areas the rates are in crazy low. So h1b increase will increase cheap labor and even if 200k is given companies will tell the positions are unfilled. In high tech only 20% of the jobs will require hardcore skills which is difficult to fill always. Most 80% of the jobs are like advertising phd for qa jobs or getting MS for changing 2 lines of code in 2 months with pages of documentation work.
Note the point that 2 out of 10 Senators who wrote a letter was co-sponsoring the I-Squared bill. So it does not look like advertising campaign.So by supporting the layoff and outsourcing you might already lost 2 votes in Senate. See this is how all the past bills failed. Basically wise idea is support Grassley effort and negotiate with his protection idea to increase H1b and GC. His changes are very simple as some test for US workers available before recruitment. And he will allow the immigration bills with moderate rise in H1b and green card. Or other option is status quo. But many are choosing status quo is better than first option. Now after many years ** realized that and ready for negotiation but Corporate is not accepting that.
It was never about employees. Even today it is not about employees. It's always about profits. Right wrong .... ? Don't want to get into that debate. But just saying ...
This is dividing high tech workers further into "really-high-tech" vs "not-so-high-tech". I don't understand why is there a need to make this division - particularly when YOU are supposed to be on "THIS" side of the debate.
I think **'s thinking is completely muddled. First it looks like they are desperate to get a seat at the table at any cost. Second they don't understand that EB immigration is NOT a pressing issue for ANYBODY and hence advocacy has a limited role there. Third they don't understand that H1B is not exactly same as EB immigration. Fourth they don't understand that America is still very very pro immigrant and so instead of sleeping with the devils they need to partner with pro -immigrant groups. But therein lies the dilemma of sharing the credit. Fifth they have completely ignored the role of judiciary and how effective it can be to address legitimate grivances of immigrants.
The sheeples meanwhile are in ample supply.
The companies are arguing that we have a non availability of certain skills, so we need more H1b. But anti immigrants argument is ok you just prove it and get more people. Grassley is asking ok you are saying that you have lack of high skilled persons, first test it with US workers and if no availability then get H1b. But Corporations are not ready for that. They want excellent skills but as cheap as possible. But if companies can tell the truth that they need only profit and want to create more competition then they can ask the same to congress and get the bill to be passed. They very well aware that if they tell the truth they will never get single sponsor. Even Hatch is saying we have terrible shortage of skills at the same time not accepting the test for that. That is pure hyprocrisy. I am sure you are boldly supporting globalization and competition but can you sell to US and US congress. That is were practical difficulty comes.
I do not have any association with ** but I was following them from the day they started. Initially they were left and right supporting unlimited immigration and if anyone tell corrections they ban without any hesitation. You could see hundreds of postings against Senator Grassley from 2007 to 2010. But after 5 years they came to situation of negotiating with him and after HR3012 I saw many were praising him a lot in 2012. Everyone needs suffering to learn lesson and repeated failures will teach a lesson. If somehow H1b increase is passed then no motivation for EB immigration. So priority will go down further. So any bill cannot override Grassley for next 2 years. So now no immigration increase for 2 years
Ramsen - sorry if i came across as critical of YOU personally. That was not my objective.
I believe Hatch is still ok and a reasonable guy. But grassley sessions are outright useless from immigration perspective and it would be a terrible mistake to partner with them.
Other than advocacy - I think there is a judicial path that a pro-immigrant organization can and should take. But nobody has done that yet. American justice system is the best in the world. And immigrants will be surprised how well it works if they try to raise their voice against injustices.
For starters I believe the whole notion of country quota is against American values of "All men are born equal". The moment you decide country quota based on where you are "Born" - that principle has gone out the window.
I am 100% sure if a challenge is made in the courts - that the courts will raise eyebrows on how the existing laws and whether they are against the constitution.
I am making a random comment that doesn't have to do anything with the debate.
In the 4 companies that I have worked for (just changed yet another job...green card zindabaad!!!), I have realized something.
- For every 100 people in a company (and that includes really large and successful brands...think Microsoft), there is about 1 person who the company really needs. The rest 99 (which can include people up to the VP's level) are totally disposable. Sometimes, the higher ups are downright atrocious and sink the ship faster than the Titanic. Usually, the 1 important person is a super rock star developer.
- The important super rock star developer usually thinks 10 times faster than even the good ones and can pinpoint the right solution among hundreds of possible solution in a matter of hours. Even the good ones will fumble around for weeks before finding the right answer. The super rock star developer will know enough about entire line of products, the coding architecture, and can usually solve complex and incomprehensible issues. There is nothing that can stop this person.
- Sometimes, the rock star developer will be known by everyone. Often times though, he/she is just not known and is toiling away in anonymity. I have seen instances when the rock star made less money than even I did (I am no rock star).
Not every tech job is the same. Can you crank out a core library in a matter of days that will be used by tens of applications and your company's bottom line pretty much depends upon your code which will be executed a trillion times in real time against real world data 95% of which you haven't seen? If you cannot, then no...a tech job is not any other tech job.
Does anybody know whether the stay is on Obama's "entire" executive order? Or is it the DACA/DAPA aspect of it?