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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. Satish.txt

    Satish.txt Member

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    Agreed, In current law you can have EAD when you apply for I-485 but Obama EO will change the law and then you can apply EAD with i-140 approval
     
  2. Jay P

    Jay P New Member

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    Question is how long it's going to take to implement the regulation at USCIS?
    As Ron said I hope they implement it as an emergency/interim rule for time being .
     
  3. Satish.txt

    Satish.txt Member

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    Even they put emergency believe me USCIS does have man power to clean workload.... now i am worried how many days to clear H4 EAD.. look they those guys still need to wait...

    When in current workload they are taking months and months.... what will happen with 5M?

    They should offload work load to every state department instead of going to USCIS..
     
  4. kd082108

    kd082108 Guru

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    Satish, They will come up with the model by considering existing applications (backlog) and Illegal work permits, Legal Immigration processing i.e. (EAD (bothe h1 and h4), etc.). Based on this, USCIS/DHS will layout a plan and explain how they are going to provide the required material to the people. However, they don't have a magic wand which can deliver overnight. It may take a year or may be 6 months. But, if we have waited this far can't we wait some more time? Let's take a baby steps and see what will come out in next few days...starting with today's president speech at Las Vegas. on a side note, they may implement this before Jan 26th as US President is going to India for republic day celebration and by adding this details in his speech will do lot of good to him and US. let's see :)
     
  5. twocents

    twocents New Member

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    Also do remember that USCIS work order which requires 34M card over next five years. And it says they will need guaranteed 5M cards per year, so I think they should have thought/planned something ahead. So lets wait and watch
     
  6. Jay P

    Jay P New Member

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    I have a strong feeling that something will be there to file EAD/AP for approved 140's folks by first half of 2015.
     
  7. Satish.txt

    Satish.txt Member

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    Where is Ron? Look like he is still in party handover :cool:
     
  8. dgp004

    dgp004 Junior Member

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    We enjoyed the forum thoroughly and checked it more frequently than email lately. I learned so many things from the forum and keep our morale in bad times. Thanks everyone specially Ron.
     
  9. vineet12345

    vineet12345 Member

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    I just need Ron's opinion on the below statement:

    "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' ??

    Ron has always been positive about change in eliminating the dependent counts from the annual GC quota..
    Does the above statement mean his stand has been confirmed ??
     
  10. djayash

    djayash Guru

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    This is recapturing of visas...They have all gone unused and there are so many thousands of eligible candidates waiting in backlog (approved I140/AOS candidates).
     
  11. s_gan

    s_gan Super Moderator

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    In all likelihood no. Legal immigrants will not get anything more than what illegals get. The fact the legals got something is to avert any criticism. Many H1s already have these EADs as they have applied for I485 and many H1 spouses have H1s and EADs.

    It is certain to help many legals but it will be a short lived honeymoon period for all legals. The long wait times will start troubling them again.
     
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  12. PD18May2010

    PD18May2010 New Member

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  13. PD18May2010

    PD18May2010 New Member

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    Its only EAD on approval of I-140 so no I-485 processing like Medicals, Finger Printing etc. which means there is probably going to be no pre-adjudication. Would have been nice if they had allowed I-485 filing but not legal as it is only possible if visa numbers are available which are not. Everything is on USCIS/Dep of State now to go wild wild west on the interpretation or stay within the lanes...
     
  14. divinewind

    divinewind New Member

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    Visa Recapture highly unlikely.

    http://blogs.rollcall.com/technocrat/roundup-presidents-immigration-executive-actions-and-tech/?dcz=

    Something is better than nothing. Someone with an approved I-140 has to wait several years before they get EAD. This is no trivial thing even if we have to wait a few more months. Hopefully it will be a short wait.
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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