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General Discussion 4

Discussion in 'General discussion about executive action' started by Ron Gotcher, Sep 25, 2015.

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  1. kumarkk12

    kumarkk12 Junior Member

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  2. TAKEITEZee

    TAKEITEZee Guru

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    Nothing "unusual" about govt response.
     
  3. alpha0

    alpha0 Guru

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    Well, if they put these 2009 dates on Sep 9, we would not be here talking about it. Dont care who screwed up whether DoS or DHS. The fact is for 16 days, thousands of people spent lots of time and money because govt agency asked them to do so. They can not backtrack now. He never mentioned what would go wrong if he allowed these people to file in Oct and adjust dates in Nov? Does he remember Mar + April 2012 where they allowed people to file even when they knew that they had to move the dates back to 2007?

    And dont tell bs that they needed 16 days to recalculate those dates. And if they were in doubt, why not publish on Sep 9 an interim notice that they are still finalizing so dont spend money and time.

    Looking at bs defense, i am sure they will allow sep 9 eligible people to file (not sure in Nov VB or before) but that the hope that application dates will move further to benefits more people is dead.
     
  4. ksrinivasan7021

    ksrinivasan7021 Junior Member

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    There's is the hidden point declaring they are lawfully can retrogressive or revise the bulletin as they required.
     
  5. mar212011

    mar212011 Well Regarded Member

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    there maybe more on twitter #visagate2015 - but all you will get is DHS counts changed in 2weeks
     
  6. Senram

    Senram Member

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    [
    The aim of the Visa modernization is to avoid wastage of Visa then whatever they are saying may be ok. Judge may accept the explanation. But if the aim is to give EAD then different issue. The question will come whether they have authority to revise VB. If yes then lawsuit will be dismissed. If they would have revised after october then it is difficult to defend. I think they will successfully defend. But Judge may ask uncomfortable question why they need to change VB.
     
  7. ksrinivasan7021

    ksrinivasan7021 Junior Member

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    One distant favorable point is CO seeing Jul 2011 becomes current in 8-10 months.. But they may change story later.
     
  8. kashish sharad

    kashish sharad Guru

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    Of'course they have the right to change VB.....after the next month!!! They claim that money lost is preparing application is not irreparable damage...seriously what if they reverted the VB in 2012....will those guys get another chance to AOS in next 4 years.....
    Their response is we do what we like...go fetch!
     
  9. alpha0

    alpha0 Guru

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    Question will be till what date? Can they wait till midnight of 1st to change it? As per Greg's lawsuit, they have changed VB only once in the history and restored it, so it will be difficult for them to defend that. And if they plan is to change, why the heck publish it in first two weeks of the month? Publish on midnight of 1st of the month to be precise. I am very confident this defense is lack lustre and they have no lega backing (atleast any law is not getting violated if people are allowed to file in oct).
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Go out and get happy drunk tonight (at home, or else take a cab home). That's what I'm going to do. I have a brand new bottle of Macallan 18 that I've been saving for this kind of occasion.
     
  11. NN5

    NN5 Guru

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    What about aging out children? Isn't that irreparable ?
     
  12. s_gan

    s_gan Super Moderator

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    Will drive to LA for a Party.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Of course it is.
     
  14. alpha0

    alpha0 Guru

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    CO thought India EB2 of March 2010 will get greencards in March 2012!!!! dont care about that..
     
  15. gcmatters

    gcmatters Guru

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    Means ? Go out thinking we got this or we lost this ?
     
  16. kd082108

    kd082108 Guru

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    Senram - Qualifying dates are not solely for granting EAD's even though it is one of the possible benefit. The main purpose of EO is to reduce backlogs and logically they recommended the existing DOS practice which is in works for years. However, even the date is July 2012 that doesn't matter as they can still expect the pending inventory and move the applicants to final date as the visas are available. It is no way connected to availability of visas other than manpower or workload that USCIS can't handle.
     
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  17. ksrinivasan7021

    ksrinivasan7021 Junior Member

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    Not after month..the reply shows anytime as required.there's only chance is to win if the judge thinks the damage is irreparable.
     
  18. NN5

    NN5 Guru

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    Then how does the defense claim that we haven't presented any evidence showing irreparable harm? I hope Greg has examples
     
  19. ksrinivasan7021

    ksrinivasan7021 Junior Member

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    @ron
     
  20. gcmatters

    gcmatters Guru

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    Where does it show anytime ?
     
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