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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. s_gan

    s_gan Super Moderator

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    It doesn't state that explicitly. All it says that the visas were wasted and the system should modernize.
     
  2. cowboys26

    cowboys26 Junior Member

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    Now to the million dollar question. Looks like the republicans are going to take this to the courts. Is there a chance that the court can strike down everything thats proposed ?Including the changes proposed to the EB category?
     
  3. Gautam Mandal

    Gautam Mandal New Member

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    Can you please explain what will happen if anyone wants to do Consular processing? As he is not eligible for EAD, does he have to wait outside US for the date to be current?
     
  4. vineet12345

    vineet12345 Member

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    "First, USCIS should continue and enhance its
    work with the Department of State to ensure that all immigrant visas authorized by
    Congress are issued to eligible individuals when there is sufficient demand for such
    visas. "

    What is he asking USCIS to do ? Are these visas not being issued to 'eligible individuals' today ? what is he asking to change when he says 'ALL VISAS' to be issued to 'ELIGIBLE INDIVIDUALS' ??
     
  5. cuckoo

    cuckoo Super Moderator

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    I think any and all improvements to the legal immigration system have been vaguely worded leaving the doors open to do as little or as much as the WH, DHS and USCIS may choose. Their intent will only be clear in the coming weeks and months. Visa recapture and change in the way it is counted may or may not happen depending on their intentions. They have simply kicked it down the road. If they have concrete plans, they are not sharing it. Even provisuion for AOS filing or grant of EAD/advanced parole after approved I-140 for backlogged categories has been left vague and open to wide range of possibilities. Frankly, nothing beyond the OPT changes is concrete at this point, at least to the extent the information has been shared with the public. They can kick the can down the road on all this if they want or move fast and provide significant relief, depending on their intentions. We will just have to wait and watch. The more the things change, the more they remain the same....
     
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  6. DamperGreen

    DamperGreen Junior Member

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    May be they have left out the details on legal immigration because that's something they're still deciding on ?

    From what I've read - it's not a lot as is. Nothing is concrete - just a bunch of recommendations to USCIS which USCIS may/may not implement in a timely manner or not implement at all.

    It does leave a lot of room for interpretation and that might be by design ? May be he intends to work with the DHS/USCIS over the next few weeks to actually implement what he mentioned. Or like someone else mentioned, this was just a wine and cheese offering and really not a lot has changed at when it comes to the entire process for EB applicants.

    I am going to believe it when I see a non-ambiguous, properly worded memo from USCIS, because in the end it's USCIS which issues papers.
    It ain't over till the fat lady sings.
     
  7. maverick70

    maverick70 Active Member

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    smoke and mirrors, I am afraid. Words like work with department of state for guidance, provide clarity on job mobility mean nothing. For other categories the uscis clearly indicates they can apply for work authorization.

    Advocates for undocumented immigrants were bold and clear on what they wanted. They settled for nothing short of EAD and even parole of undocumented children of citizens and LPR which means they could get in line for family based green card. And they settled for nothing short of millions of people

    Advocates for employment based immigrants (you know who I am referring to) were meek in their demands and got nothing concrete and they are stupid enough to put a thank you banner on their Facebook page. They asked for peanuts and they got peanuts.

    When they sun comes up tomorrow morning the lives of EB2/EB3 will exactly be the same. Should I buy a house or keep renting in case my H1 stamping gets rejected. What will happen to my dog if I go on vacation and I am not able to come back. What will happen to my kids school in case I get delayed when i apply for a visa. The problem statements remain exactly the same. Not sure what the advocates are celebrating.

    Hope I am proven wrong in the coming weeks but for now it's Status Quo
     
  8. sigler

    sigler Junior Member

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    Here's an optimistic outlook on what could be in the works. Take a look at what has been officially released:

    "USCIS will:

    • Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.
    • Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
    So, the President orders the USCIS to improve the legal immigration system. There is a clear and easy way that can be done according to many legal experts, including Ron. The Department of State then decides to remove dependents from the count, thus drastically reducing backlogs in all categories. The change will come after the major announcement regarding the illegals, and won't get much attention from the media. If the media picks up on the policy change, the President will not be held accountable for increasing legal immigration at a time when unemployment is still high, claiming that he simply directed the Department of State to improve legal immigration proceedings and the change came from a better intrepretation of the current law. "

    Maybe I am being too optimistic, let's just wait and see
     
  9. p19671

    p19671 Junior Member

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    Be realistic. I think this is the maximum anyone can get with EO. G.C need legislative approval, this cannot be done thru E.O. You should be thanked to the mentioned group. They are the only one stand for EB. What was our contribution. I have don't any, not sure about you. I think like will be much better with EAD, you don't need to go for stamping, you can use parole.
     
  10. p19671

    p19671 Junior Member

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    I hope so.President authorize USCIS to take necessary steps, which includes everything..
     
  11. amang

    amang New Member

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    First, USCIS should continue and enhance its work with the Department of State to ensure that all immigrant visas authorized by
    Congress are issued to eligible individuals when there is sufficient demand for such visas.

    - The way I read it is: Unused Visa Recapture, because these are Congress approved visa's but not issued due to whatever reason and there is a possibility to allocate them now, because there is a huge demand. I hope I am right...
     
  12. s_gan

    s_gan Super Moderator

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    Ur absolutely right. It was made ambiguous for a reason, but the point is will they do anything?
     
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  13. Kamakazee

    Kamakazee Super Moderator

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    I think the idea is that the President tells USCIS/DHS to work together to make policy changes. The way it is worded seems like recapture and/or removal of dependents. They have been purposely kept vague as they are not President's EO. Those are policy changes within USCIS to interpret the allocation of visas and it will be through a regulatory process. This is important for us as this cannot be challenged in court and the next President cannot reverse it. It is a policy change within USCIS.

    But things might move fast. We already saw memos from Leon Rodriguez. Like Ron said, they can issue emergency/interim policy rule by issuing a policy memo which will basically allow the EB categories to be current and allow for filing for AOS. My guess is it will probably be done in the next few months.

    This is my interpretation of all these. Reading AILA and the lawyers' forums, it seems that filing for AOS should happen pretty soon. Ron can clarify once he comes in. I am sure more will slowly come to light in the next few days.
     
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  14. sigler

    sigler Junior Member

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    That's the One Million Dollar question
     
  15. Kamakazee

    Kamakazee Super Moderator

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    Looking at Ron's newsletter, AILA's document and even Oh Law, it seems that people with approved I-140s can apply for AOS fairly quickly. And the number that they keep saying is around 400k. Nowhere is that number mentioned in the policy memos we have seen. Maybe they know something more than we do.

    But it does seem that H4 EAD rule will be published soon. Many of us had called and they said December. Now that the President's EO is out, nothing else should be blocking it, so I suppose it will be announced next month.
     
  16. kd082108

    kd082108 Guru

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    Guys, Yesterday night I saw some posts referring about "EAD" via AOS. Some people were saying it is not mentioned anywhere?

    That is in the heading itself. "Providing portable work authorization (NOTHING BUT EAD) for high skilled workers awaiting LPR (Meaning people with approved PERM/I140) and Their Spouses (H4 EAD).

    Providing portable work authorization for high-skilled workers awaiting LPR status and their spouses.

    You just have to read between the lines. Sometimes, when you buy a house you can't exactly know what is in the contract as language is more from the legal standpoint (that is why we hire attroneys :)). This is similar to that and every attorney is trying to explain the same thing from yesterday night. I am positive that we will get EAD/AP...oh oh...don't expect GC soon..At least, I am not :)
     
  17. maverick70

    maverick70 Active Member

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    I am realist and have done a lot. Our cause required very simple 2 things 1. A plastic card called EAD for approved i-140 candidates and 2. H4EAD approval. We couldn't even procure an EAD. So all your problems ranging from mortgage to stamping to kid's school to being stuck in the same job (remember they are talking about mobility if you have filed I-485 and are waiting not when I-140 is approved).

    Again I hoped to proven wrong but your quality of life is exactly the same before and After
     
  18. deve

    deve New Member

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    I agree nothing is concrete for Legals. He did not issue one straight order for legals. It is big disappointment. Do they atleast give us 3 year EAD ?
     
  19. maverick70

    maverick70 Active Member

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    Please read the actual DHS memo to USCIS. It does not mention pre-registration and portable work authorization is nothing but a memo from USICIS which will state if candidate is using AC-21 please use his original priority date. So this is after you file I-485 and are waiting. And this does not mean the plastic EAD card.
     
  20. kd082108

    kd082108 Guru

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    Bro..Currently, When you apply for I485 you can always get EAD/AP (This is current rule and law). Not sure what you are referring to? The change will be based on I140.
     
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