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Likely No Change Except Early I-485 Filing Allowed

Discussion in 'Filing for AOS with an approved I-140' started by cuckoo, Nov 23, 2014.

  1. cuckoo

    cuckoo Super Moderator

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    At least a couple of lawyers, one citing AILA, say that the proposed regulation would allow early filing of I-485 for those with approved I-140 for backlogged categories so that they can avail benefits of the AC21 provisions. To me, this means that only those who are able to continue to be employed (or have offer of employment) from the petitioner of the approved I-140 at the time the proposed regulation comes into effect will be able to get the benefits. Moreover, the 180 days of I-485 filing for portability would also remain.So, if it takes 6 months to get the regulation in place, those with approved I-140 today will likely need to be with their current employer for at least 1 year from now to be able to port. As I see it, that is really not a near term benefit for those stuck with their employers because of backlogs, or for those who have approved I-140 from previous employers.
    http://www.mondaq.com/unitedstates/x/355806/work visas/Obamas Executive Action What Does It Mean For Foreign Workers and US Businesses
    http://www.murthy.com/2014/11/21/pr...or-u-s-businesses-and-highly-skilled-workers/
     
  2. ExhaustedEastIndianLegal

    ExhaustedEastIndianLegal Guru

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    @cuckoo: What makes you say that proposed regulation is 6 months away from taking effect? Has this been confirmed by USCIS and other immigration agencies. Per Ron this regulation should be kicking in much sooner with the passing of an emergency/interim decision making process within USCIS
     
  3. cuckoo

    cuckoo Super Moderator

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    I was being optimistic when I said 6 months. In my opinion, there would be no emergency/interim decision making process within USCIS, at least as far as legal immigrants are concerned. I would love to be wrong, and much as I love Ron's optimism, no one is talking about legal immigrants needing emergency relief, only undocumented who face a threat of deportation everyday (the legals self-deport :) when they lose their H1B, be it for losing their job or running out of their H1 term).
     
  4. ExhaustedEastIndianLegal

    ExhaustedEastIndianLegal Guru

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    If this is the case then cannot understand all this hoopla surrounding this order in the legal immigration circles. We can as well go about our chores as if nothing happened and continue the endless wait forever languishing in limbo :(. Going by your estimation looks like there is no relief in sight soon and it will be business as usual. @Ron Gotcher , Do you see any hope of this happening soon or is this yet another case of law written in a way the interpretation is hard and left open-ended for implementation.
     
  5. s_gan

    s_gan Super Moderator

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    That should have been obvious to everyone when nothing was announced on the 21st. They are simply not interested and don't have the heart to do the right thing for legal immigrants.

    I do believe that substantial amount of FB visas are getting wasted every year. These wasted visas should be allocated to backlogged categories of EB2 and EB3 instead of being equally distributed to all EB categories. This is something that can be done by change in the policy.

    For example the if there is a spill over of 10,000 visas from FB 5,000 should be allocated to EB2 I/C and 5,000 to EB3 .
     
  6. manixium

    manixium Super Moderator

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    I think you guys have to take a reality check. You know why the illegals got what they wanted, despite them doing 'everything wrong' from our perspective? They formed a big lobby, went to protests, marched on the capitol building, and so on. And even then it took what, 10 years for anything meaningful to happen?

    You have to realize that nothing will automatically happen because the Government is actually interested in "fairness" of legal immigrants.

    If you drop this idea that things will happen automatically because of a sense of justice, then it becomes clear why common-sense stuff for us isn't happening. We also know there there's a pretty strong corporate lobby that has self interest in maintaining the status quo.

    So stop the self flagellation, the whining about how we're getting screwed, etc, etc. If we want anything, we have to fight for it. That means writing letters, meeting your local congressmen, making your voice heard. If illegals can take a day off from working their close to minimum wage jobs, and risk deportation by making myself known, then us skilled workers, with the technology and tools that we have at our disposal, should have a great deal more influence.

    So far as I know, IV is the only organization doing any lobbying that is relevant to us - correct me if I'm wrong. I'm disenchanted with FWD.us. Are there any other organizations? What we should be doing is joining them, and maintaining the pressure on Obama, DHS and USCIS to keep their end of their bargain. Ultimately, if these reforms do not make it to fruition, we only have ourselves to blame.
     
  7. cuckoo

    cuckoo Super Moderator

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    How can FB visas allocated to EB?
     
  8. cuckoo

    cuckoo Super Moderator

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    The president has been consistently saying that the legal immigration system is broken and he will fix as much of it as he can. Hence, our expectation. I gues we should trust the GOP when it says that the president cannot be trusted. As to organizations, IV appears to be afflicted by petty politics and FWD.us has been damp squib.
     
  9. cuckoo

    cuckoo Super Moderator

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    Also, the DHS memo says that it expects USCIS to publish guidance in a timely manner. That would mean a reasonable time usually required for such guidance, not what would be expected in an emergency or interim process.
     
  10. s_gan

    s_gan Super Moderator

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    Unused FB visas from previous year is allocated to EB year for the past 5 years or so. Between 2000 to 2007 most of the visas were being wasted. For FY 2014 the total unused was 15K and for FY 2013 it was around 20K. This number was allocated to EB, but the problem is each category got an equal share instead of allocating it based on the most back logged dates.
     
  11. 2010EB2

    2010EB2 New Member

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    I dont think its USCIS which makes the rules. it needs to come from DHS and there were interim rules issued from DHS in the past. So i am being optimistic
     
  12. Shane

    Shane Junior Member

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  13. 2010EB2

    2010EB2 New Member

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    Q: In the March 20, 2009 semiannual regulatory agenda published by the Department of Homeland Security [DHS Docket No. OGC-RP-04-001], a rule (RIN: 1615-AB82) is proposed with a title of "Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications" to streamline adjustment of status application processing. This proposed rule will remove an alien's reliance on the Department of State's (DOS) Visa Bulletin to determine visa availability and therefore eligibility to file for adjustment of status. Instead, the rule proposes that USCIS utilize a registration process for adjustment of status applicants by requiring an applicant to file a registration packet after the granting of an immigrant petition and prior to visa availability, based on the use of "qualifying dates" established by DOS. What is the progress of this proposed rulemaking and when the proposed rule will be disclosed to the public?
    A: The rule is currently in DHS review. If and when a proposed rule is published in the Federal Register, the public will have the opportunity to comment. This is one of many rulemaking priorities, and USCIS cannot state definitively if or when this rule might be published. Thus the estimated publication date in the Unified Agenda of Planned Regulatory Actions is the most current estimated publication date.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If all of the visas in the FB quota are not used, the law provides that they spill over to EB. Over the years, there have been anywhere between 5,000 and 15,000 visas that have spilled over.
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That simply means that the USCIS has been thinking about implementing this rule for some time. They put it on their regulatory agenda as something that they might do in the future. Now that the President has ordered them to implement it, they will move forward. The good news is that they probably already have regulatory language drafted.
     
  16. Ratna Kumar

    Ratna Kumar New Member

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    Hi Ron,
    I know it's too early or probably no way we can determine this, but would it be an educated guess to expect the EAD upon 140 rule to be published as "interim or emergency" in the Federal register in the next 120 days?
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It is really hard to say. Since the seem determined to do it, my guess would be "emergency/interim" with notice and comment published concurrently. That would allow them to make it effective quickly, while still going through the regular process.
     
  18. Ratna Kumar

    Ratna Kumar New Member

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    I agree.. Thanks.
     
  19. groot

    groot Member

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  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, not at all.
     

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