C********e
发帖数: 492 | 1 总的来说对EB1B是利好，很多人的485是在140批准后一两个月后提交的。 | h*****o
发帖数: 126 | | C********e
发帖数: 492 | 3 Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program
Improvements Affecting High-Skilled Nonimmigrant Workers
【在 h*****o 的大作中提到】
: 什么新法案？
| x******n
发帖数: 205 | | s******u
发帖数: 16 | 5 真是从140批准日算吗，请楼主把原文段落贴一下
: REALLY? or 485 RD?
【在 x******n 的大作中提到】
: REALLY? or 485 RD?
| f*******o
发帖数: 48 | 6 新法案实施对已经交的485有影响么。好像要交J表。比以前更麻烦。以前只要EVL就可
以了。 | C*******g
发帖数: 63 | | C********e
发帖数: 492 | 8 确定是的，USCIS说的非常明确，在针对comment的评论中，专门回答了这个问题：
https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of
-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-
high-skilled
Comment. One commenter suggested changes to the regulatory text concerning
the requirement that the Form I-140 petition be approved for 180 days or
more. Specifically, the commenter recommended amending the text to make
clear that the 180-day threshold would not apply in cases in which an
applicant has a pending Application to Register Permanent Residence or
Adjust Status (Form I-485) that may provide job portability under INA 204(j)
. The commenter stated that, as proposed, the regulation would create a “
double” waiting period in the portability context, requiring the foreign
national to wait 180 days from approval of the Form I-140 petition and an
additional 180 days from filing of the application of adjustment of status
in order to be able to move to a new position. The commenter believed this
outcome would be inconsistent with congressional intent under AC21.
Response. DHS thanks the commenter for identifying the potential for
confusion given the text of proposed § 205.1(a)(3)(iii)(C) and (D)
and DHS's stated goal to codify and expand upon its existing policy
implementing INA 204(j). DHS proposed to allow a Form I-140 petition to
remain valid for certain purposes if such a petition was withdrawn or the
petitioner's business terminated 180 days or more after the Form I-140
petition had been approved.
This provision was intended to build upon existing DHS policies that have
governed the validity of Form I-140 petitions in the event of withdrawal or
business termination before and after beneficiaries are eligible to change
jobs or employers under INA 204(j). DHS did not intend that its regulatory
proposal would modify the existing timeframe before an individual would
become eligible to port under INA 204(j); rather, this provision was
intended to protect those individuals who are not yet eligible for INA 204(j
) portability from the automatic revocation of the approval of a Form I-140
petition that had been approved for 180 days or more. Consistent with the
intent of AC21 and DHS policy, DHS is revising the regulatory language at 8
CFR 205.1(a)(3)(iii)(C) and (D) to make clear that an approved Form I-140
petition involving withdrawal or business termination occurring 180 days or
more after either petition approval or the filing of an associated
application for adjustment of status remains approved, unless its approval
is revoked on other grounds. See final 8 CFR 205.1(a)(3)(iii).
【在 s******u 的大作中提到】
: 真是从140批准日算吗，请楼主把原文段落贴一下
:
:
: REALLY? or 485 RD?
:
| h*****o
发帖数: 126 | 9 这是说140保留吧 没说485不影响呀。。如果换个工作 还是重新交485？
of
j)
【在 C********e 的大作中提到】
: 确定是的，USCIS说的非常明确，在针对comment的评论中，专门回答了这个问题：
: https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of
: -eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-
: high-skilled
: Comment. One commenter suggested changes to the regulatory text concerning
: the requirement that the Form I-140 petition be approved for 180 days or
: more. Specifically, the commenter recommended amending the text to make
: clear that the 180-day threshold would not apply in cases in which an
: applicant has a pending Application to Register Permanent Residence or
: Adjust Status (Form I-485) that may provide job portability under INA 204(j)
| C********e
发帖数: 492 | 10 不需要重交485
【在 h*****o 的大作中提到】
: 这是说140保留吧 没说485不影响呀。。如果换个工作 还是重新交485？
:
: of
: j)
| C********e
发帖数: 492 | 11 这里说的很清楚：
Comment：
Some commenters requested that beneficiaries of approved Form I-140
petitions who are not yet eligible for 204(j) portability be permitted to
change jobs and adjust status to lawful permanent residence without the
requirement of obtaining a new application for labor certification and a new
approved Form I-140 petition. Some who advocated for this change noted that
the ability to reuse or “port” an approved Form I-140 petition should be
available after the initial petition has been approved for 180 days or more,
and others requested that portability be allowed immediately after the
petition's approval. Similar to job portability under INA 204(j) in certain
regards, these and other commenters suggested that beneficiaries of approved
Form I-140 petitions should be allowed to change jobs, file a Form I-485
application and adjust status to lawful permanent residence on the basis of
the original Form I-140 petition as long as the new job is in the same or a
similar occupation as the job described in the approved Form I-140 petition.
Some commenters stated that there is an increase in time and monetary costs
associated with multiple labor certification filings. Most of the
commenters agreed that very few benefits were provided by requiring a new
labor certification. Commenters also expressed that “recertification”
additionally deters employers from sponsoring current foreign worker
employees who are beneficiaries of Form I-140 petitions based on new jobs.
One commenter urged DHS to allow a withdrawn or revoked Form I-140 petition
to remain valid for the purposes of obtaining an immigrant visa, in order to
fully implement Congress's intent in passing AC21.
Response:
A foreign worker may obtain an employment-based immigrant visa only if he or
she is the beneficiary of an approved employment-based immigrant visa
petition. See INA 204(b), 8 U.S.C. 1154(b). In this final rule, DHS is
allowing certain approved Form I-140 petitions to remain approved for
various purposes despite withdrawal or business termination. However, such a
petition may not be used to obtain lawful permanent residence, unless it
meets the requirements of INA 204(j).
With respect to obtaining lawful permanent residence under the EB-2 and EB-3
classifications, the INA requires that the worker be the beneficiary of a
valid Form I-140 petition, which generally must be supported by a valid
labor certification at the time of adjustment of status. See INA 203(b)(2),
(3); 204(a)(1)(F); and 212(a)(5)(A) and (D), 8 U.S.C. 1153(b)(2), Start
Printed Page 82418(3); 1154(a)(1)(F); 1182(a)(5)(A) and (D). Outside of the
204(j) context, an approved Form I-140 petition filed by an employer that no
longer intends to employ the worker upon approval of the Form I-485
application, whether presently or at any time in the future, does not
represent a bona fide job offer and, therefore, is not sufficient to support
an application for adjustment of status.
INA section 212(a)(5)(A) and (D) generally prohibits any foreign worker
seeking to perform skilled or unskilled labor from being admitted to the
United States under the EB-2 and EB-3 immigrant visa classifications unless
the Secretary of Labor has determined and certified that there are not
sufficient workers who are able, willing, qualified, and available to
perform that work at the location the foreign worker will perform the work
and that the employment of that foreign worker will not adversely affect the
wages and working conditions of similarly situated U.S. workers. Under
current DOL regulations, a permanent labor certification remains valid only
for the particular job opportunity, for the individual named on the labor
certification, and for the area of intended employment stated on the
application for permanent labor certification. See 20 CFR 656.30(c)(2).
However, section 106(c)(2) of AC21 created an exception to this
admissibility requirement, by allowing an approved Form I-140 petition
supported by the associated labor certification to remain valid for certain
long-delayed adjustment applicants “with respect to a new job accepted by
the individual after the individual changes jobs or employers if the new job
is in the same or a similar occupational classification as the job for
which the certification was issued.” INA 212(a)(5)(A)(iv), 8 U.S.C. 1182(a)
(5)(A)(iv). DHS does not have authority to regulate the terms and
requirements of these labor certifications and therefore cannot prescribe
what is necessary for the labor certification to remain valid even for long-
delayed applicants for adjustment of status, although DHS does have
authority to invalidate labor certifications for fraud or willful
misrepresentation. The INA designates DOL as the federal department
responsible for making permanent labor certification determinations.
While DHS cannot expand portability beyond the INA 204(j) context, the final
rule does provide some additional flexibility and stability for individuals
who may not be eligible for INA 204(j) portability, by allowing
beneficiaries of approved Form I-140 petitions to retain their priority
dates in certain situations and allowing certain Form I-140 petitions to
remain valid, including for purposes of section 204(j) portability,
notwithstanding withdrawal of the petition or termination of the petitioner'
s business, as described above.[26]
【在 h*****o 的大作中提到】
: 这是说140保留吧 没说485不影响呀。。如果换个工作 还是重新交485？
:
: of
: j)
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