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Member Profile: JYanovich (18 posts)

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Hello, I'm JYanovich (report this user)
I am from United States
I last logged in on 18 Feb 2015
I have been a member since 16 Feb 2015
I have added 18 posts in trackitt forums
I added my last post on 24 Feb 2015
JYanovich's Posts
Posted in I-765 (EAD) Forum on 24 Feb 2015
Topic: EAD for H4 Visa Holders


Can we file for i-765 along with H4 visa extension stamping (from outside USA)?



Generally speaking, a person must be inside the U.S. in order to be eligible to file an I-765.
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Posted in I-765 (EAD) Forum on 24 Feb 2015
Topic: EAD for H4 Visa Holders

Here is the rationale in the final rules regarding the May 26 implementation 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.
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Posted in I-765 (EAD) Forum on 20 Feb 2015
Topic: EAD for H4 Visa Holders




this is another opertunity to raise our concerns .. may be multiple members should participate who ever stay near to the place. all other members can contribute by transfering funds for the atnedee members expenses incase if they go on loss of pay too... minimum 10 people shouuld go now.

lets plan it friends.. another great opertunity we can follow the dresscode too if possible 'pprove H4-EAD' quote onthe T shirt..



It's a teleconference. No need to raise funds to "attend"; all you need is a phone. ;)
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Posted in I-765 (EAD) Forum on 20 Feb 2015
Topic: EAD for H4 Visa Holders

Another place to (again) bring up the H-4 EAD issue is the teleconferences with Director Rodriguez. I participated in one of these teleconferences last last year and the one last month. Both times I submitted questions about the H-4 EAD rules. Both times, I was hardly the only one. As you're probably aware, the Director has refused to provide specifics regarding the timeline for the rules in these calls. But, maybe this time will be different...

Joel Yanovich, Esq.
Murthy Law Firm

--------------------

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Wednesday, Feb. 25 from 3 to 4 p.m. (Eastern), with USCIS Director León Rodríguez. During the session, Director Rodríguez will highlight agency initiatives and listen and respond to issues of concern to the stakeholder community.

To register for this session:
• Visit our registration page to confirm your participation
• Enter your email address and select “Submit”
• Select “Subscriber Preferences”
• Select the “Event Registration” tab
• Provide your full name and organization
• Complete the questions and select “Submit”

Once your registration is processed, you will receive a confirmation email with additional details. If you have any questions regarding the registration process, or if you have not received a confirmation email within two business days, please email us at Public.Engagement@uscis.dhs.gov.
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Posted in I-765 (EAD) Forum on 18 Feb 2015
Topic: EAD for H4 Visa Holders


Guys ,

He will not be from Murhty law firm. A attorney from a firm will never repsond to qs in a firum , he has beeter job :)
Dont get carried away by comments from fake ids.



Yes, I'm an attorney at the Murthy Law Firm. I also (sporadically) respond to questions on Quora under my real name.

If you feel you need confirmation as to my identity, provide me with your eMail address, and I will send you a personal eMail from my Murthy account. (I do not wish to post my eMail address on a forum for obvious reasons; but, if you do have any general legal questions, you can send an eMail to Law@murthy.com. I'm the attorney who responds to the legal questions sent to that address. I can't provide specific advice via eMail, but I can provide guidance to general legal questions.)

So, back to the H-4 EAD rules...

Joel Yanovich, Esq.
Murthy Law Firm
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Posted in I-765 (EAD) Forum on 18 Feb 2015
Topic: EAD for H4 Visa Holders


All,

I have approved i-140 since 2011 but my company is undergoing joint venture which will close next month. The new organization after close will be named after the company bringing majority stake (not my company) . How does this affect my approved I-140 and my wife ability to file H4EAD after the rule is finalized. I do not anticipate change of my PERM location at least in 2015. If this question has been answered previously please direct me to that feed or reply if that is easier.

Thanks



As mentioned previously, yes, please speak with your company's lawyer! But, there are likely various ways to proceed, depending upon a few specifics in your situation, that will still make it possible for your spouse to apply for the H-4 EAD, once the rules are finalized.
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Posted in I-765 (EAD) Forum on 18 Feb 2015
Topic: EAD for H4 Visa Holders


Hi Joel

It is nice to see that your law firm is helping people with immigration matters especially from India. I have heard good things about your firm. I have a quick question that you have been talking about H4 ead for a little bit on your main web page but regarding I 140 ead, Preregistration, Visa modernization, OPT renewal limit ( all of these issues of Obama EA) your firm seems to be quiet or not sure. Are you advocating for these issues too and do you think when and if these issues will be addressed. Some people in IV are predicting that by Oct 2015, the issue of EAD for approved I 140 will be addressed. But the law making process itself takes more than a year as seen in H4 ead case and still it is not finished. What your firm has to say about possible timelines about those steps. If you cannot provide us timelines as other firms say then how will you help to make a strategy to push for these actions that EB community is benefited. I know that the issues that I have raised at this time, nobody is sure or do not want to respond but as your firm and OH law firm are very proactive on internet always and help in providing the relevant information which also helps to build your trust and grow the business too which is a really great thing.Now we expect that your firm will show a leadership on those issues too. Thanks a lot in advance.



There were H-4 EAD rules proposed in 2011, so it actually took MUCH longer than one year. We wrote an article regarding the timeline for the various immigration initiatives, including the possibility of filing an I-485 (and EAD application) based on an approved I-140, even if the priority date is not current:

http://www.murthy.com/2014/12/18/few-timelines-...

In short, it almost certainly is not going to happen in the next few months. Beyond that, we don't know. And, neither does anyone else. It could be months, years, or perhaps never. There's not even an official proposed rule for this yet. So, for the time being, it's just talk. In our response to the Visa Modernization RFI, we recommended that this be implemented. But, the reason we do not keep posting about this proposal on Murthy.com is because there's nothing to say. Same goes for the 'I-Squared' bill. We posted an article noting that the bill had been proposed (yet again.) We told people to contact elected officials to voice their opinion of the bill. And, we cautioned people against making personal immigration plans based on a proposed piece of legislation.

Keep in mind that there are thousands of proposals each year. Very few ever make any headway. The H-4 EAD rules are an exception. The desi community should take A LOT of credit for getting this rule pushed forward!

(For the record, I think the final H-4 EAD rules will be published by April 1. I could be wrong; this is NOT an official prediction being made by the Murthy Law Firm. Rather, it's just the conclusion I've reached based on the documents I've reviewed, etc.)

Anyhow, I'm very much looking forward to hearing what is reported back from the OMB. But, a word of caution. Don't be too disappointed if the OMB refuses to provide a specific date to the attendees. I think it is much more likely that they will be reassured that the rules will be implemented "soon". I hope I'm wrong, but gov't agencies usually won't provide specifics in a meeting like this. Rather, they typically only provide that in some type of official release, in-writing. So, don't be discouraged if they come back without an exact date. I am still confident the rule will be coming soon!

Joel Yanovich, Esq.
Murthy Law Firm
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Posted in I-765 (EAD) Forum on 18 Feb 2015
Topic: EAD for H4 Visa Holders


Joel,

Just to clarify, why don't you post the link with comments written by Murthy Law Firm on H4 EAD rule.





I'll have to go back to find the comments to post them here. Will try to get to it this afternoon. (But, I'm pretty sure you can do a search, and the comments are posted under my name, Joel Yanovich. Firm name was provided in the submission form, so you may be able to search by that, as well.)

In the meantime, if you have any doubt about our support for the H-4 EAD rules, here's an interview The American Bazaar conducted with Sheela Murthy in July 2013 (fourth question addresses the possibility of H-4 EADs):

http://www.americanbazaaronline.com/2013/07/13/...
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Posted in I-765 (EAD) Forum on 18 Feb 2015
Topic: EAD for H4 Visa Holders




Thanks a Lot for your interest in H4 Community.I am not sure if Murthy Law firm has already attempted to write e-mails in favor of H4EAD rule...
But today can you guys write an e-mail to OMB and related people in support of H4 EAD rule cc ing some of our team members who will be attending the meeting with OMB today?In this way H4 EAD rule will also get votes and supports from Law firm.I am sure you have done this already but doing it today could be more significant.

I can provide you with the required e-mail ids if you are interested in doing it.

Thanks



We submitted comments during the comment period regarding the H-4 EAD rule. But, I'd be happy to write one from the firm to the OMB. (I will have to first clear this with Sheela Murthy, but I have no doubt that she will be thrilled to continue the push for this long-overdue rule!) If there is someone in particular at the OMB you would like us to eMail, please provide me with the address. Otherwise, I can just use one of the eMail addresses we have.



No offence but suddenly so much lover toward H-4, Its been 3 years i have joined Trackitt but never seen you around. Just surprised rule is in final stage and everyone just pop'ed out of blue.



As I mentioned previously, the only reason I joined Trackitt is because someone had posted false information about the Murthy Law Firm. The poster stated that the Firm had failed to support the H-4 EAD rules during the comment period, and failed to respond during the comment period for the Visa Modernization RFI. These statements were both untrue; the Firm responded in support of the H-4 EAD rules (although we asked for ALL H-4 spouses to get EADs). And, we submitted a lengthy response to the Visa Modernization RFI, where we included recommendations such as allowing I-485s to be filed before the PD is current, preventing consulates from issuing 221(g) denials on H1B visa applicants bases on issues already adjudicated by the USCIS, etc.

We have long-supported H-4 EAD rules. But, it's a bit unusual for an attorney at a firm to go onto a third party site to discuss the matter; rather, I (and other attorneys) post on the MurthyForum, MurthyChat, etc. Just to be clear, I am NOT trying to convince you to move these discussions to our website. From what I've seen of Trackitt, it seems like a great resource, and this is an ideal forum for your discussions. I just want to clarify why I had not posted here before.

Joel Yanovich, Esq.
Murthy Law Firm
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Posted in I-765 (EAD) Forum on 18 Feb 2015
Topic: EAD for H4 Visa Holders


Thanks a Lot for your interest in H4 Community.I am not sure if Murthy Law firm has already attempted to write e-mails in favor of H4EAD rule...
But today can you guys write an e-mail to OMB and related people in support of H4 EAD rule cc ing some of our team members who will be attending the meeting with OMB today?In this way H4 EAD rule will also get votes and supports from Law firm.I am sure you have done this already but doing it today could be more significant.

I can provide you with the required e-mail ids if you are interested in doing it.

Thanks



We submitted comments during the comment period regarding the H-4 EAD rule. But, I'd be happy to write one from the firm to the OMB. (I will have to first clear this with Sheela Murthy, but I have no doubt that she will be thrilled to continue the push for this long-overdue rule!) If there is someone in particular at the OMB you would like us to eMail, please provide me with the address. Otherwise, I can just use one of the eMail addresses we have.
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Posted in I-765 (EAD) Forum on 18 Feb 2015
Topic: EAD for H4 Visa Holders

I know most posters would like to move past the court opinion about DACA, but since there were a few remaining posters with questions/concerns, I hope this will put you at ease. Here is a link to the court opinion and order:

http://www.scribd.com/doc/255994877/Memorandum-...

It's 120+ pages long, but you can skip to the very last page to see what the court actually ordered. I'm pasting it below for your convenience:

"This Court, for the reasons discussed above, hereby grants the Plaintiff States' request for a preliminary injunction....The Injunction is contained in a separate order. Nonetheless, for the sake of clarity, this temporary injunction enjoins the implementation of the DAPA program that awards legal presence and additional benefits to the four million or more individuals potentially covered by the DAPA Memorandum and to the three expansions/additions to the DACA program also contained in the same DAPA Memorandum. It does not enjoin or impair the Secretary's ability to marshal his assets or deploy the resources of the DHS. It does not enjoin the Secretary's ability to set priorities for the DHS. It does not enjoin the previously instituted 2012 DACA program except for the expansions created in the November 20,2014 DAPA Memorandum."

You'll notice that the Order doesn't mention the H-4 EAD rules or any of the other programs (besides DAPA and DACA) that the President proposed. That is because this court case did not involve any of those other proposals.

Also note that this Prder doesn't even impact the 2012 DACA provisions; the reason for that is mentioned on Page 5 of the opinion: "The Complaint in this matter does not include the [2012 DACA] actions...Therefore, those actions are not before the Court and will not be addressed by this opinion."

In other words, the issue was not mentioned by the states that brought forth the lawsuit, so the court will not touch it. Same goes for the H-4 EAD rule.

Joel Yanovich, Esq.
Murthy Law Firm
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Posted in I-765 (EAD) Forum on 18 Feb 2015
Topic: EAD for H4 Visa Holders


Just curious from your previous posts. Are you working for Murthy Law Firm as an attorney and posting your comments here?



Yes, that is correct. Someone had posted some inaccurate information about the Murthy Law Firm. I posted a correction, and then proceeded to post a few additional comments based on what I know about the pending H-4 EAD rules.
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Posted in I-765 (EAD) Forum on 17 Feb 2015
Topic: EAD for H4 Visa Holders




For the record, the decision by the federal judge has no direct impact on the H-4 EAD rules. I expect that the final rules will be published in the Federal Register within the next couple of months. (I can't guarantee that, obviously; but, I'm definitely keeping my fingers crossed!)

Joel Yanovich, Esq.
Murthy Law Firm



Hi Joel,

Isn't that the judge stalled entire executive action. There are 5 sections in executive action. First two sections are for DACA and DAPA. Section 3 is where H4 EAD, L1 changes etc came into the picture. I was under the impression that he stalled the entire executive action not limiting to DACA/DAPA. If not so, can you please specifically state the source where he has blocked only section 1,2 and section 3 is safely excluded. I believe we all are assuming section 3 is excluded since media projects only section 1,2. Different minds have different inferences. Only USCIS can confirm we are safe.




Yes this would be safe only if some USCIS official confirms. It was true that H4-ead was started 4 years back. Still it was part of EO/EA. It is on the hands of government agencies for interpretation of judge's order



The order from the judge only addresses DAPA and DACA. It has no direct impact on the H-4 EAD rules being implemented.
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Posted in I-765 (EAD) Forum on 17 Feb 2015
Topic: EAD for H4 Visa Holders



Thanks for posting; note, however, that it's already a bit out of date. The forms were approved by the OMB. We'll be updating the article with that information later today.
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Posted in I-765 (EAD) Forum on 17 Feb 2015
Topic: EAD for H4 Visa Holders

For the record, the decision by the federal judge has no direct impact on the H-4 EAD rules. I expect that the final rules will be published in the Federal Register within the next couple of months. (I can't guarantee that, obviously; but, I'm definitely keeping my fingers crossed!)

Joel Yanovich, Esq.
Murthy Law Firm
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Posted in I-765 (EAD) Forum on 16 Feb 2015
Topic: EAD for H4 Visa Holders

H-4 EAD comments were posted under my name (Joel Yanovich). I submitted them electronically on the website. The Modernization comments were submitted under the names of three of our attorneys: Adam Rosen, Dana Delott, and Joel Yanovich. These comments were sent via eMail.

"I would like to know how many times did someone from your Law Firm really replied to all these confused queries of everyone with different questions..."

Sorry, I'm not sure what you're asking here: Do you mean, how many responses did we provide on Trackitt? The answer to that would be zero. I didn't even have an account on Trackitt before today. But, we respond to H-4 EAD questions, as well as all other immigration-related questions, very frequently through various services offered by the firm. (Sorry, I believe it is poor netiquette, not to mention a likely violation of Trackitt's TOS, to promote the Murthy Law Firm's services here. I simply wanted to point out that we have been helping the desi community with free information for more than 20 years. I really don't want to take over this thread. Trackitt seems to be providing a great service, and I don't want anyone thinking I'm trying to use this forum to gain new business. I just wanted to clarify the inaccurate information previously posted.)
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Posted in I-765 (EAD) Forum on 16 Feb 2015
Topic: EAD for H4 Visa Holders

Sorry, no tentative date, yet. If we hear anything, we'll let you know!
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Posted in I-765 (EAD) Forum on 16 Feb 2015
Topic: EAD for H4 Visa Holders

I am an attorney for the Murthy Law Firm, and wish to correct some of the information posted here.

First of all, when the proposed H-4 EAD rules were issued in May 2014, I personally submitted comments supporting the rules on behalf of the firm. (In fact, I recommended that ALL H-4 spouses be permitted to obtain EADs, not just those with pending GC cases.)

For the Visa Modernization Study, we submitted a lengthy response with 12 recommendations; among those recommendations were many issues that directly impact the desi community in the United States. For instance, we recommended that the Dept. of State (DOS) issue clear instructions to prohibit consulates from de facto re-adjudication of H1B petitions when people are applying for a visa. (i.e. Prevent the consulates from issuing 221(g) refusals based on substantive H1B issues that were already reviewed by the USCIS.) We recommended that mere changes in job locations for H1B workers should not require a full amended petition. We asked that H1B workers be provided a grace period after losing his or her job in order to move to a new employer. We also asked for various other changes to make employers less reliant on the employer, such as having copies of approved H1B petitions and I-140s sent to the foreign national worker, not just the employer.

Beyond these current proposals, there are many, many other ways the Murthy Law Firm has worked to improve the immigration process for Indians coming to the United States. For example, the Firm has been pushing for India to gain access to the E-2, treaty investor visa. This would be a great way for Indian nationals to be able to start businesses in the U.S. and work here without having to expend enormous amounts of money. This is a proposal that was initiated and paid for by the Murthy Law Firm - no one asked us to do this, and no one is paying for the time and resources we have spent in lobbying for this to become a reality.

I can assure you that the Murthy Law Firm does NOT 'love the backlog'. To the contrary, we will be openly celebrating if the per-country limits are changed or scrapped altogether. And, it would be fantastic if I-485s could be filed before the priority date is current.

It is true that the Murthy Law Firm is a for-profit firm, not a charity. (Although, Sheela Murthy and Vasant established a charitable organization, which is funded almost exclusively by money from the Firm.) And yes, the Firm may lose a bit of business if some of the rules that we are advocating for are implemented. But, we have no problem with the prospect of losing a few cases in order to create a better overall immigration system. We fully understand that changes MUST be made in order to create a fair, logical system that attracts the best talent from around the world to the United States.

Sincerely,

Joel Yanovich, Esq.
Murthy Law Firm
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