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Executive Action: Speculation As To What And When

Discussion in 'General discussion about executive action' started by Ron Gotcher, May 5, 2015.

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  1. Senram

    Senram Member

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    My best guess is no DAPA until June 2016 or even there is a chance for No DAPA also. But that should not have any impact on legal reforms
     
  2. Kamakazee

    Kamakazee Super Moderator

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    There are actually more problems which people do not realize now as they are so eager to jump ship. AP as a status is not recognized in many countries, specially in Europe. At least the H1B/H4 visa is universally recognizable. We can even go to certain countries without getting a visa (Caribbean's, Mexico) simply because we have a valid US visa. Not sure that will be possible on AP. Traveling through Europe will be a real hassle.

    If there is no addition to visa numbers, we will stuck on EAD/AP for decades.
     
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  3. speedracer

    speedracer Guru

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    also.. years on EAD is not counted towards US Citizenship requirement either.. so basically its Limbo..
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, they don't. DACA/DAPA requires illegals to come in and admit that they are removable. They then get temporary work authorization. They do not get legal status, just a temporary promise not to remove them.
     
  5. speedracer

    speedracer Guru

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    I hope you are correct. but the delays and suspensions are not a good sign.. there are a 1000 people and whole facility hired for DACA / DAPA in Arlington ... but for legals.. they would rather suspend a valuable service to provide another.. but not increase bandwidth..
     
  6. Shane

    Shane Junior Member

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    So you are trying to say that in June 2016 legals will have something like pre-registartion/EAD I140/AOS whatever it is??
     
  7. s_gan

    s_gan Super Moderator

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    No. As I pointed out few days back. I140 portability and backlog reduction are two separate items.
     
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  8. speedracer

    speedracer Guru

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    yes DACA / DAPA is temporary work authorization but that is actually more freedom than H1b and H4 in many cases..
     
  9. Kamakazee

    Kamakazee Super Moderator

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    Yes, I-140 portability and backlog reduction are two separate items. But Pre-Registration and "reducing wait times" may not be. Pre -registration allows people to enjoy AOS status without PD being current effectively "reducing wait time".

    But yes, this does nothing to reduce the backlog. Backlog reduction is a completely separate item.
     
  10. speedracer

    speedracer Guru

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    agreed.. the 140 portability .. the rule making process will be complete sometime in 2016 ... but backlog reduction.. as Kkz said.. has been under the wraps since the RFI.. we are half way in 2015.. and no feedback on the RFI .. after the submissions and the call in March.. its high time.. they get moving to make any significant impact..
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I've been writing since last year that rulemaking takes time. The slowest part is the groundwork at the start. Once they have completed their studies and reports, they can move reasonably quickly. I believe that the groundwork has largely been done and we are going to start seeing some progress.
     
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  12. Shane

    Shane Junior Member

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    Any guesstimate, when do you think people with approved I140 be able to file after all?
     
  13. speedracer

    speedracer Guru

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    the best guess so far from data available is summer / early fall of 2016..
     
  14. Shane

    Shane Junior Member

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    So between June to Sept 2016 I guess.
     
  15. s_gan

    s_gan Super Moderator

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    If that is the inference then the 2 R's are dead.
     
  16. Kamakazee

    Kamakazee Super Moderator

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    As time goes by and we do not hear anything more, that seems more likely. H4 EAD and Pre-Registration is all the legals will get.
     
  17. Kamakazee

    Kamakazee Super Moderator

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    Ron, wasn't USCIS working on this rule before and then it was withdrawn for some reason? So, they may already have some groundwork done on this already. Hoping that's the case so that rulemaking moves faster.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They were. We don't know if they had done any work on it, or if they did, how much.
     
  19. ddran

    ddran Member

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    Emirates, Qatar Airways and few middle east airlines likes AP...rather than GC
     
  20. Kamakazee

    Kamakazee Super Moderator

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    I will have to ask why the middle eastern airlines like AP more than GC.
     
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