tag:blogger.com,1999:blog-2399750140932278409.post4337431049676849996..comments2024-01-02T04:16:32.146-08:00Comments on The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: INCLUDING EARLY ADJUSTMENT FILING IN PROPOSED DHS RULE IMPACTING HIGH-SKILLED WORKERS WOULD GIVE BIG BOOST TO DELAYED GREEN CARD APPLICANTSCyrus D. Mehta & Associates, PLLChttp://www.blogger.com/profile/02968992345997982326noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2399750140932278409.post-18554911693313213842016-01-12T05:29:01.059-08:002016-01-12T05:29:01.059-08:00It does not hurt to push for something that makes ...It does not hurt to push for something that makes sense and can make the proposed rule more viable, when it is not now. Even if DHS removes the compelling circumstances grounds, there would be no legal basis to port off an approved I-140 without a pending I-485 adjustment application. People who move jobs based on an EAD off an I-140 will need their new employers to start all over again with new labor certifications and another I-140, even if one can recapture the old priority date. There is always risk in re-starting the process again, especially a labor certification, and so this in itself will be a disincentive for people to use the EAD off an approved I-140. Now if you allow early adjustment applications, as contemplated in the October Visa Bulletin, and if this is implemented as originally intended by Oppenheim at the State Department, the rule would make a lot more sense. I have thus proposed a provision as part of the overall package that would force USCIS to abide by the early adjustment concept. If it is not accepted, at least the idea has been floated, and good ideas are likely to be re-visited. The bottom line is that it does not hurt to propose a good idea that is implementable. Cyrus D. Mehta & Associates, PLLChttps://www.blogger.com/profile/02968992345997982326noreply@blogger.comtag:blogger.com,1999:blog-2399750140932278409.post-21675484998022505372016-01-12T00:04:19.032-08:002016-01-12T00:04:19.032-08:00Mr Mehta, if you know people in USCIS, please comm...Mr Mehta, if you know people in USCIS, please communicate your idea with them so at least you know they will consider this idea favorably. And there is probably a strong reason why they can't change the filing date to closer to current for China/India EB2/3. If you can do that, they would have done so already in the visa bulletin, wouldn't they?<br /><br />I think allowing for immediate filing of green card will likely be considered out of scope for this rule. But if you can push for this beyond providing a comment that only represent your own view, the legal immigrant community would thank you!Ben Zhanghttps://www.blogger.com/profile/01618789081244242238noreply@blogger.comtag:blogger.com,1999:blog-2399750140932278409.post-70331266675557479292016-01-08T19:51:49.938-08:002016-01-08T19:51:49.938-08:00Sir,I appreciate your comments ,but if we propose ...Sir,I appreciate your comments ,but if we propose the same "early adjustment /filing of 485" as a comment to the "retention of eb-1 , eb-2 , eb-3 " rule, wouldn't it be easy for the USCIS to shoot it down saying early filing is not really in the scope of the proposed rule and this comment is not really relevant .Anonymousnoreply@blogger.com