A****Z
发帖数: 694 | 1 因为被律师协会卖了，正在twitter上对赛金斯群起而攻之。
ttps://twitter.com/gsiskind/status/704706870913597440 | y*******o
发帖数: 289 | 2 基本就是没用的proposal....
DHS is proposing to give certain employment-based intending immigrants
greater flexibility by allowing them to apply for an EAD. Specifically,
proposed 8 CFR §204.5(p)(1) would permit such individuals to apply for
employment authorization for one year if they: (1) are currently in
the United States in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status
; (2) are the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa
petition; (3) do not have an immigrant visa immediately available; and (4)
can demonstrate “compelling circumstances” to justify an independent grant
of employment authorization
If granted, the applicant would be required to relinquish his or her
nonimmigrant status, which would eliminate the ability to change
nonimmigrant status and would, in most cases, eliminate his or her ability
to adjust status to permanent residence when an immigrant visa number
becomes available. Such individuals would generally be required to seek an
immigrant visa at a consular post abroad. | K******r
发帖数: 4052 | 3 律师故意的吧
不过真通过了烙印们该哭了
status
★ 发自iPhone App: ChineseWeb 1.0.6
【在 y*******o 的大作中提到】
: 基本就是没用的proposal....
: DHS is proposing to give certain employment-based intending immigrants
: greater flexibility by allowing them to apply for an EAD. Specifically,
: proposed 8 CFR §204.5(p)(1) would permit such individuals to apply for
: employment authorization for one year if they: (1) are currently in
: the United States in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status
: ; (2) are the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa
: petition; (3) do not have an immigrant visa immediately available; and (4)
: can demonstrate “compelling circumstances” to justify an independent grant
: of employment authorization
| c**2
发帖数: 8496 | 4 what most Chinese in same situation want is AP, so it doesn't help, plus
this last paragraph will scare most people away:
If granted, the applicant would be required to relinquish his or her
nonimmigrant status, which would eliminate the ability to change
nonimmigrant status and would, in most cases, eliminate his or her ability
to adjust status to permanent residence when an immigrant visa number
becomes available. Such individuals would generally be required to seek an
immigrant visa at a consular post abroad. | m********1
发帖数: 681 | 5 早就说了，140EAD最棘手的就是身份问题。
USCIS和律师都不想解决这个烫手山芋（解放h1b)，所以自然就让你变成没身份了。
ability
an
【在 c**2 的大作中提到】
: what most Chinese in same situation want is AP, so it doesn't help, plus
: this last paragraph will scare most people away:
: If granted, the applicant would be required to relinquish his or her
: nonimmigrant status, which would eliminate the ability to change
: nonimmigrant status and would, in most cases, eliminate his or her ability
: to adjust status to permanent residence when an immigrant visa number
: becomes available. Such individuals would generally be required to seek an
: immigrant visa at a consular post abroad.
| w********i
发帖数: 1721 | | K******r
发帖数: 4052 | 7 联想到trump批h1b
收紧移民政策可期
老美右转
★ 发自iPhone App: ChineseWeb 1.0.6
【在 m********1 的大作中提到】
: 早就说了，140EAD最棘手的就是身份问题。
: USCIS和律师都不想解决这个烫手山芋（解放h1b)，所以自然就让你变成没身份了。
:
: ability
: an
| A****Z
发帖数: 694 | 8 好像那位引用错了。他引用的是DHS最开始的那个proposal。关于身份，律师协会的回
信的观点其实跟你的比较一致，要求要有合法身份。而且指出了DHS对于发放EAD有自主
权，连DACA非法移民都发了。但是律师协会要求140 EAD跟雇主绑定，如果要换工作，
那么要跟新雇主绑定（新雇主支持申请绿卡），而且EAD要能无限续。他们其实就是把
140 EAD（相比于485 EAD）弄成了O1一样的。这样律师还是有钱赚，烙印还是不能翻身。
Though we are well aware that many stakeholders will express disappointment
at the narrowness of this rule, we first want to point out that the proposal
itself presents a
number of unanswered questions and potential pitfalls:
Status: As noted, a grant of employment authorization under this
provision would require the individual to relinquish his or her underlying
nonimmigrant
status. This begs the question: what, if any, “status” would the
individual have? Along with
employment authorization, DACA recipients are given a period of “deferred
action”
during which time they receive a temporary reprieve from removal or other
enforcement
action. Will (c)(36) EAD applicants be given a similar guarantee that they
will not be
subject to removal?
Travel. Will (c)(36) EAD recipients be eligible to travel on
advance parole and will they be given much-needed flexibility to travel for
legitimate business reasons?
Unlawful Presence: Will (c)(36) EAD recipients accrue unlawful
presence? It is extremely important that the final rule clarify that (c)(36)
EAD holders
will not accrue unlawful presence, otherwise, by virtue of spending one full
year in the U.S
. on a (c)(36) EAD, such individuals would be subject to the ten-year bar to
admission
under INA §212(a)(9)(B)(i)(II), which would be triggered when the
individual departs
the U.S. to consular process after an immigrant visa becomes available. The
ten year bar
may only be waived if the immigrant can show that refusal of the visa would
result in
extreme hardship to a U.S. citizen or permanent resident spouse or parent.
Most
employment-based immigrants will not qualify for such a waiver due to the
lack of a
qualifying relative. Unless DHS clarifies that unlawful presence does not
accrue, this
rule could very easily do more harm than good.
。。。
Therefore, (c)(36) EAD recipients must either have an arrangement with the
petitioning employer to resume or assume the position articulated in the
approved I-140 petition when the priority date becomes current, or they must
make alternative arrangements with a new employer to commence the immigrant
visa process anew. Though (c)(36) EAD recipients would be able to retain
the priority date from the
original petition (unless it is revoked due to fraud, misrepresentation, etc
.), they would still need
an approved petition with an employer intending to hire them on a permanent
basis in order to
obtain permanent residence.
【在 m********1 的大作中提到】
: 早就说了，140EAD最棘手的就是身份问题。
: USCIS和律师都不想解决这个烫手山芋（解放h1b)，所以自然就让你变成没身份了。
:
: ability
: an
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