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Administrative Action To Allow Aos Filing Without Current Visa Numbers - Part 3

Discussion in 'Immigration legislation' started by Ron Gotcher, Nov 21, 2014.

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  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That last thread got very unwieldy, very fast last night while I was away. I'm creating a new thread and hope to close it later today. Once the President provides specific information this afternoon, I'm going to create a new discussion area with threads for each specific reform topic.

    If I may, I'd like to ask a favor of those who post in this thread. Please limit your posts to a single question. I don't care how many posts you make, but it is easier to answer if I'm only dealing with a single question at a time. I will do my best to answer everyone's questions as quickly as I can.

    Thanks
     
  2. 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 ??
     
  3. divinewind

    divinewind New Member

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  4. Desi Dude

    Desi Dude Junior Member

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    Ron, could you please tell us how Obama's Executive Order will help EB2s who have been waiting for 5yrs or more?

    Won't H4 EADs further delay EB2 processing?
     
  5. Chet

    Chet New Member

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    Ron,

    The official release from White House is quite vague with regards to the concrete steps that will be taken to provide administrative relief to people stuck in EB based GC queues. Are things like visa recapture, discounting dependents while using available GC numbers even in the scope?

    What can people with AOS application filed and EAD in hand expect to change as a result of the EO?

    Thanks
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Right now, the USCIS treats their backlog like some kind of state secret. They won't tell anyone - even the State Department - how many AOS cases are on file or the priority dates and preferences for those cases. This order mandates that they now share this information.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My take on this is that they are in the process of reinterpreting the quota statute so that dependents aren't counted. We will know more later today after the President speaks in Las Vegas at 1 pm.
     
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  8. PD18May2010

    PD18May2010 New Member

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    Sweet music!!!

    How long do you think the proposed changes take to implement, Ron?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    EB2 adjustments are processed at the Nebraska and Texas Service Centers. EADs are processed at the Missouri Service Center. Also, keep in mind that if they want to do it, the NSC and TSC can farm EB AOS cases out to local offices for adjudication in order to speed things up.
     
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  10. chary@111

    chary@111 Junior Member

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    Hi Ron,

    How long do you think it will take uscis/DHS to stream line there process, and release a memo so that employees with approved I140 can apply for EAD.

    Thanks
     
  11. Tintu Pathrose

    Tintu Pathrose New Member

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    Hi Ron,
    When do you think the dates will become current?
    and if Republicans come up with a way to disrupt the executive action, what will happen to these actions ?
     
  12. PD18May2010

    PD18May2010 New Member

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    I know probably not many are interested in this question: How does this affect the presidential election in 2016? If GOP opposes this they will get creamed by Hispanics, if they do not, they will lose support of their core base.
     
  13. Chet

    Chet New Member

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    For updates on 2016 election prospects, please watch Fox News, CNN and MSNBC TV. This forum is not suitable for a political discussion.
     
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  14. gansat

    gansat Member

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    Ron, Many of us are worried that the actual language in the USCIS/DHS memo doesn't contain specifically "Applying for AOS with I140 approved irrespective of Priority Date" which would assure us of getting an EAD and there have been mention of this "Pre-Register" term used by IV & other law firms. Can you shed more light on this? Thanks.
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is a major change at the top. The big bosses are telling the field to get with the program. I expect to see changes, at least in the short term, until the idiots in the field find ways to work around and sabotage the system
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Probably by March or April.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Let's see what the President announces. If he authorizes a reinterpretation of the statute, it should take effect immediately. That would likely mean all EB cutoff dates being current in January. We just have to wait and see.
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Forget about the precise language. I'm pretty sure that what they mean is that you will be able to file for AOS with an approved I-140.
     
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  20. Satish.txt

    Satish.txt Member

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    Ron,

    As you know H4 EAD is almost in final stage and i heard they are going to put effective date by January 2015, Do you think in February H4 folks can start applying and processing EAD? If yes then how much time it may take to get approval.. wild guess
     
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