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Administrative Action To Allow Aos Filing Without Current Visa Numbers - Part 2

Discussion in 'Immigration legislation' started by Ron Gotcher, Nov 4, 2014.

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  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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  2. Kamakazee

    Kamakazee Super Moderator

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    Thanks Ron for the new thread. You say you are 85% sure that this will happen. I like those chances. Of course, we are all skeptical since we have been burned many times before. You still think USCIS will announce policy changes along with other EOs for the illegals. What prevents them from announcing a policy change around, let's say Thanksgiving?

    Is it only because of the runoffs? I was thinking if they will announce the fixes for the legals first to divert attention first but I guess it is better to do it all together to soften the blow and hide the EOs for the illegals within the legal fixes.
     
  3. harshalrach@gmail.com

    harshalrach@gmail.com Junior Member

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    Hi Ron,

    Probably asking a peculiar question well before even the standard rules are set! Sorry but could not resist asking after seeing 85% confidence from you!
    Let say everything goes per plan, EAD with certified PERM and approved I140 us allowed and EB2 all countries become current.

    For some of us who switched jobs with the approved I-140 and are now in process of re-filing PERM with new employer, what could the process be? Will this still require the new employer to go through the PERM/I-140 and file for I-140 porting before EAD? Or theoretically we can fall back on the current I-140 and file EAD showing current proof of employment.

    Again way too early to ask this but as I said earlier could not resist! Whatever you think might be applicable will give us an early indication of things to come. :)

    Thanks in advance

    Harshal
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I really believe that they are going to wait until after the runoffs to announce anything. One Senate seat can make a big difference. What makes you think that benefits for legal immigrants won't be controversial? Grassley, Sessions, Cruz, Steve King, and others of their ilk will scream bloody murder at the thought of allowing ANY additional immigrants into the country. If the Republicans were of a mind to support legal immigration, they could have caused some mischief with the Democrats by doing so in this last session and forcing them to kill the legislation in the Senate because it didn't have an amnesty component.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That's a reasonable and astute question. If the old employer is willing to take you back, you can use the old I-140. If not, you have to wait until the new PERM has been certified.
     
  6. Kamakazee

    Kamakazee Super Moderator

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    What you say makes complete sense Ron. Anything related to immigration (legal or illegal) is bound to have opposition from, as you put it, the Republican Taliban wing. As you said, the Republicans could have easily passed a legal immigration bill along with border security in the House and sent it to the Senate. That would have put the Dems and the President in a tough spot and forced them to take a stand. That would have shown the people that all the Dems care about is increasing their vote bank. Unfortunately, the Republicans are too disorganized to pass something like that.

    I did read a few articles that controlling both chambers in Congress may actually not work in the Republicans' favor as now they will actually have to show that they can govern and pass bills and not just blame the Democrats and oppose everything. It will get interesting in the next 2 years that's for sure.

    As predictions say, Republicans could end with 51 or 52 seats. If that's the case, the runoffs will be very important. Looks like the President is about to break his "end of the year" promise again.
     
  7. harshalrach@gmail.com

    harshalrach@gmail.com Junior Member

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    The old employer is not withdrawing the I-140 petition but looks like still the PERM process needs to be repeated!
    Thanks for the insights Ron!

    Still in my notice period, this tempts me to think otherwise! jk :)

    Thanks again Ron...
     
  8. Kamakazee

    Kamakazee Super Moderator

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    If policy changes from USCIS do come as we are discussing here, it is predicted by Oppenheim that EB categories will become current and will remain current for the foreseeable future. There is a good chance you can get your PERM approved and if VB is still current, you can file for I-140 and I-485 concurrently. Let's all hope for the best.
     
  9. GeorgeCostanza

    GeorgeCostanza Guru

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    Ron, are runoffs in LA and/or GA guaranteed?
     
  10. DamperGreen

    DamperGreen Junior Member

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    How long does it typically take for a new PERM to be filed ?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Everyone somehow assumes that if the Republicans take control of the Senate they will be able to pass legislation. This assumes that the Democrats won't do to them what they have done to the Democrats for the last six years. Somehow, I just don't see that happening.The Democrats are just as unprincipled and partisan as the Republicans. They are going to pursue the same scorched earth policy the Republicans followed for the last six years. They want to put the Republicans in the position of not being able to pass any legislation even though they control Congress.

    I really don't see anything changing.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    From the Presidential press briefing yesterday http://www.whitehouse.gov/the-press...briefing-press-secretary-josh-earnest-1132014

    Q Thanks. So Congress is coming back November 12th, for a few weeks at least, for a lame-duck session. What are your priorities in this small window, your legislative priorities?

    MR. EARNEST: Well, Cheryl, we’ll have more to say about that in the days and weeks ahead. I don’t have a pronouncement to make from here. I think that there are a couple of things we know are going to happen before the end of the year, or at least likely to happen before the end of the year. The one thing we know that’s going to happen before the end of the year is the President is going to take action to use his executive authority to fix those aspects of our broken immigration system that can be fixed using executive authority.

    The President, as we’ve said on many occasions, has been disappointed that House Republicans have blocked common-sense bipartisan legislation that passed through the Senate to come up for a vote in the House of Representatives. That’s certainly something they could consider in the lame duck, and we’d welcome in doing so, but that will have to be a decision that’s made by House Republicans in that instance.

    So as it relates to our legislative priorities, I anticipate we’ll have more to say about this in the days and weeks ahead.
     
  14. Satish.txt

    Satish.txt Member

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    It is very funny! Obama still in hope House will pass immigration bill. Look like obama just looking for excuse to delay EO....
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Actually, I think he is laying the foundation for acting. He is saying that the system is broken, the people want immigration reform, the House won't act, so the only thing left is executive action.
     
  16. s_gan

    s_gan Super Moderator

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    Ron, What happens to the green card numbers of those permanent residents who give up their green cards ?

    Immigration Nationality Act says at § 206 (8 USC 1156):

    If an immigrant having an immigrant visa is denied admission to the United States and removed, or does not apply for admission before the expiration of the validity of his visa, or if an alien having an immigrant visa issued to him as a preference immigrant is found not to be a preference immigrant, an immigrant visa or a preference immigrant visa, as the case may be, may be issued in lieu thereof to another qualified alien.
     
  17. harshalrach@gmail.com

    harshalrach@gmail.com Junior Member

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    Slightly digressing from the topic but here's a very high level overview of the process from what I went through at my current employer. I am sure there are other sites detailing out these steps better...

    The PERM filing itself has several steps: DOL Employment Category Determination, Prevailing Wage Determination and DOL approval based on employment category, County and State; Advertisements for 6 weeks in local newspapers, Interviews for qualified candidates, then finally filing the formal PERM application. This application determines your priority dates. After application filing it takes 3 months min to approve if no RFE. With RFE add about 6 months min.

    So in short about 3-4 months to file the PERM and then 3 months min for approval.
     
  18. s_gan

    s_gan Super Moderator

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    Ron, why are dems facing tough fight in colorado, iowa and NH ?
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you lose your lawful resident status you have to go back and reapply from the start.
     
  20. s_gan

    s_gan Super Moderator

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    So those visas cannot be recaptured?
     
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