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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. manixium

    manixium Super Moderator

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    Great point, the EB community seems better at whining on forums and among themselves about "injustice". Blaming Obama, IV, etc etc isn't going to solve the problem. Spending time and money is the only thing that will. Illegals risked arrest and deportation doing their demonstrations... Yet I'm willing to bet most of EB3 and EB2 would keep their heads down if asked to go to a simple meeting with their local congressman. For some reason these people seem to think we're in some kind of heaven where the Government does things because it's "fair" or "just". Reality check/News flash: no one in the government cares about stuff like that when it comes to anything, let alone EB immigrants. If you want something, go fight for it.

    BTW. Canada, Australia, and New Zealand have had their PR processes open to skilled immigrants for a while now. If people are suffering such "injustice" why not just go there? Hell with the right skills you don't even have to apply for a job first - just direct PR. If you decide to stay here, then stop whining and get to work. And I mean actual work, not clicking a few buttons on online petitions.
     
  2. avatar

    avatar Junior Member

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    Thank for taking the time to express your exasperation. My thoughts exactly reading the posts by some people on here. Basic comprehension ability and rational thinking seems to be out of reach for many. There are less polite words that can be used to describe these people constantly bashing the president's actions is. Please stop. Think.
     
    yamanoor likes this.
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Please keep in mind the extreme levels of frustration suffered by the people who post. This is a life changing event.
     
  4. s_gan

    s_gan Super Moderator

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    There is absolutely no defense for delaying relief for legals when undocumented are welcomed with work permits.
     
  5. groot

    groot Member

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    Agree with you....they should have at least delivered the final H4 rule or a clear timeline since that rule seems to be a no brainer and has been sitting there since 2011....if they were able to announce clear time lines for DACA and DAPA the least they could have done for legal community is provide clear timeline for H4 rule....

    On side note, though i am not happy with the way they are dragging this for legals, I am happy and supportive of the president for atleast trying something boldly against all odds unlike the republicans who keeps dragging their feet for no reason and fear of few right wingers...
     
  6. FUBU05

    FUBU05 Junior Member

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    Hi Ron,

    I have just entered the PERM process and was advised by my attorney that upon a successful PERM, my I-140 would be done via Premium Processing / Consular Processing as I currently do not reside or work in the USA. Which of course means I cannot file for Adjustment of Status I-1485 and do concurrent processing.

    2 Questions I have:

    1. As an estimate, when do you expect I-140 Premium Processing to be eliminated?
    2. Do you think I-140 Premium Processing will be eliminated for Consular Processing applications as well? As this would significantly increase time scales to obtain the GC for people doing Consular Processing and of course they would not be entitled to an EAD s they are not residing in the USA.

    thanks in advance
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    When it is eliminated, it will be eliminated for everyone. I expect it to happen when they start allowing people to file for AOS with an approved I-140, even if their priority dates are not current.
     
  8. FUBU05

    FUBU05 Junior Member

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    Thanks Ron. If you had to make an educated guess, when do you think this would happen? Would you say 6 or 12 months from now is most likely?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My guess is nine to twelve months.
     
  10. Kamakazee

    Kamakazee Super Moderator

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    Agree with you completely on the H4 EAD rule. This rule is a no brainier and you would think why they did not have this rule sooner specially since they allow L2 and J2 visa holders to work immediately after entering the country. And this is for H4s would have progressed significantly with their PR process. They have done it the legal way and simply waiting to file AOS. Yet they are still delaying this rule. If they can announce specific timelines for EAD applications for the illegals, the least they could have announced is this rule. Or at least give a future date.

    I do like the fact that the President has taken this bold step and hopefully this will get the Republicans get off their a**es and actually pass something which might end up being beneficial to the legal community. But in the end I still believe that the legal community ended up on the short end of the stick when it comes to the EO. At least the proposed rule should have been announced. I know this is more of my frustration talking but I look at my spouse and see how she is waiting eagerly for this rule everyday.

    With the passage of DACA in 2012 and now the program being expanded, I really wonder how the ageing out H4 kids must be feeling right now.
     
  11. binu2007

    binu2007 Senior Member

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    Another arm chair tiger this person must be having EAD already on eb2 some design organization manipulated and made the spillover interpretation and people like this are enjoying and advising veterans who are here paying the tax and doing everything right ask your desired organization their balance sheet yearly at least they are using your money for yearly vacation
     
  12. binu2007

    binu2007 Senior Member

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  13. binu2007

    binu2007 Senior Member

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    You must be one of them who got EAD by the spillover law change. all this exasperation you should keep it with you..
     
  14. manixium

    manixium Super Moderator

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    Actually no! I don't have an EAD, and almost nothing despite being here for close to 15 years. I even started of EB3 in 2009 which is a death knell according to some. However, what I did was upgrade my skills and constantly change jobs to the point where I easily classify for EB2. I also regularly put aside a few hours a week figuring out outreach strategies. I've met local congressmen and so on. Disclaimer - I did donate to IV, because they seem to be the only organization getting results. And oh, I applied for a Canada PR - applications have been accepted for 2 years now. Toronto is full of jobs for the enterprising mind. So is Vancouver.

    The point is, I don't sit here and whine and neither should you. Instead spend that time figuring out concrete steps your can take. When I go to sleep at night, I'm not stressed because i know I'm doing everything I can to make the change I want to see. Even though the results I want aren't there, and yes, looks like the undocumented are getting more than what the EB people are, I do notice that their proportional efforts are much higher that what I or any EB immigrant put into. And guess what? If you ever go illegal, you aren't going to be deported now.

    So, go ahead, feel sorry for yourself, whine, blame the universe, accuse anyone with a different thought of having EADs etc, feel sorry that your kids are aging out... and you ensure that nothing really changes for you.

    You know what I would do if I had kids that were aging out? Raise a stink at USCIS, talk to newspapers, raise a stink at the local congress, etc etc. And guess what someone did that and actually got a 2-year EAD for their kid (I can't find the link now but will keep looking). I suppose they should have whined about unfairness instead in various and sundry forums.
     
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  15. binu2007

    binu2007 Senior Member

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    LOL another desi organisation fan good luck you don't even know other's situation you cut paste from other's email all of them above written by you is your own frustrations thanks for publishing this. You kid will be too late by that time you understand about your favourite organisation feel pity and sorry for your situation
     
  16. manixium

    manixium Super Moderator

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    You can save your sympathies, brother. I don't need them. I sleep well at night and have close to no worry about the future - even if I had a kid, which I don't (LOL at you assuming that without reading my post properly).

    I don't know your situation, but I do know that you can't solve it by whining, blaming others and lashing out at anyone offering constructive advice. It's too bad your life is never going to improve by your efforts, but hopefully community efforts will make a difference and you can be included too. Although something tells me nothing is likely to every satisfy you.
     
  17. binu2007

    binu2007 Senior Member

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    I
    if you don't know another's situation then better stop advising others that is the right path other wise you will not be counted no desi community can solve any immigration or political issue first of all all this backlog was created by your desi organization's crab mentality
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Everyone needs to calm down the rhetoric and keep things civil.
     
  19. binu2007

    binu2007 Senior Member

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    Ron

    I take your advise by all means but you already might be knowing which organization supporters or admins from the forum come to this forum and pollute the situation here

    There should be strong moderation here to alienate them
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Someone once told me that what someone else says is on their karma. How you react is on yours.
     

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