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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. Ash_L

    Ash_L Super Moderators

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    I agree with the part that Democrats are insincere and share the larger part of blame on immigration stalemate. People who fall under the illegal alien category is not a monolithic block, there are people of all ages, educational backgrounds and skills who come under this category, some of them are also undesirables with criminal background. A commonsense approach to reform (for which Republicans were willing to partner) would have involved some sort of selective relief (without amnesty) along with overhaul of FB and EB immigration rules. But it all got ruined because Dems would not consider anything less than amnesty and path to citizenship for all illegals without precondition of protecting the border and Republican moderates lost out to the small but shrill anti - immigrant lobby within the party
     
  2. Kamakazee

    Kamakazee Super Moderator

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    I want to discuss something about the new rule which is in the rulemaking process right now:

    http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201504&RIN=1615-AC05

    Is it possible that EAD/AP will be given to approved I-140 people and their dependents who meet certain criteria (hence the word "certain) but not through AOS? These applicants will be allowed to file I-765 for EAD and I-131 for AP but do not file I-485. They can only file I-485 when their PD gets current. They can add another category to I-765 for people with approved I-140s and add that eligibility to I-131 too.

    I see this as the only way to get around the INA code which specifically says "An immigrant visa has to be available at the time of filing AOS." Thoughts?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think that this is a reasonable compromise. It allows people who are stuck, years away, on the quota list with the ability to get work authorization and travel permission. At the same time, it provides an accurate census of people waiting to apply. While it would be far better to infuse the quota with more visas, this is a good "second best" solution.

    Of course, in terms of legal authority, this is little different from DACA/DAPA.
     
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  4. Senram

    Senram Member

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    They had already proved the standing. That is why Judge accepted lawsuit Odds of winning is low for plaintiff as always. Also depends on how arguments and hearings went on
     
  5. s_gan

    s_gan Super Moderator

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    That is correct. It is EAD without filing for I-485. But what I do not understand is how are they going make I-140 portable ?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    From what I gather, one year after the I-140 approval, the employee will gain AC21 portability rights.
     
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  7. Irm3

    Irm3 Member

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    I have i140 approved and it is more than a year since its approval working ft with my current emoloyer. I got a ft job offer and I'm moving ahead with this new offer. I know that I may lose i140 if it is revoked after changing the job and in turn the possibility of EAD/ap eligibility when new rules come into effect and the new employer would file new perm/ i140 and it may take at least 2 years for me to be eligible for EAD/ap after I join the new company. I'm ready to take the risk and decided not to sit for the new rules to be implemented. Do you guys think my decision as a foolish one?
     
  8. Kamakazee

    Kamakazee Super Moderator

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    Obviously all of us prefer recapture or reinterpretation or both as that would add visas and decrease the backlog. If that's not going to happen (looking for obvious with the delay), as you said Ron, this is the second best option. It does nothing to reduce the backlog but most people will be happy with EAD/AP as they do not have to maintain H1B/H4 status. For someone with a stable FT job, that is pretty close to having a GC. Once USCIS agrees to provide interim EADs, that fear will go away too.

    So we know that the second best option is happening - it is in the works, will take time through rulemaking but will eventually happen. Only other hope is for the best thing to happen.
     
  9. Kamakazee

    Kamakazee Super Moderator

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    If the job offer is good and if you think it progresses your career, you should go ahead and take it. No one knows when this rule will be implemented, that offer will be gone by then.
     
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  10. speedracer

    speedracer Guru

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    No one can tell whether to wait or go ahead.. no one knws when the rules might go in effect.. the best way to look at it is.. make decisions based on current scenario and factor in your situation.. you are the only one who knows what works best for you.. so to answer ur question.. I don't know..
     
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  11. Irm3

    Irm3 Member

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    Thanks for the quick positive reply! It helps in my decision making process.
     
  12. Irm3

    Irm3 Member

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    Thanks for the quick reply! Yes it's a tough decision to make at this point of time in this speculation scenario and other job related factors.
     
  13. speedracer

    speedracer Guru

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    it is a diff decision but as Kkz said if the offer is good and there is progress.. then... everything else will follow.. and no one knows when the rules will come in effect..
     
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  14. ARam

    ARam Guru

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    Thats exactly what I did. I put my career before the green card etc. I left my job and joined a new job and at a higher position. I saw what i had currently did not do justice to my education, experience or what I wanted to do. The risk is re-starting the process and going through the rigmarole of labor, I-140 etc but in my opinion your career comes first and its better being happy doing what you what you want to do versus being unhappy in a role for a green card...
     
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  15. s_gan

    s_gan Super Moderator

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    without filing for I-485 correct ?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes.
     
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  17. Irm3

    Irm3 Member

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    Thanks for the positive reply! It really helps!
     
  18. Irm3

    Irm3 Member

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    Thanks for the reply!
     
  19. ProfessorChaos

    ProfessorChaos New Member

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    Is this what you gleaned from the abstract for the proposed rule? Or is it through the grapevine or from a comment made by an official?
     
  20. cuckoo

    cuckoo Super Moderator

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    Yes, there is no point putting things on hold for a rule that may of may not come through in 1-5 years. For all you know, you may already have an I 140 with your next employer before this rule takes effect.
     
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