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Live Thread For March 19th Listening Session

Discussion in 'General discussion about executive action' started by Ron Gotcher, Mar 19, 2015.

  1. DonDraper

    DonDraper Guru

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    Well Obama has not done anything productive in his tenure as President. The whole pre-registration seems like a nonsense, they could rather allow portability for those who have an approved i-140.
     
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  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The advantage of pre-registration is that it gives them an accurate count on the backlog, while also giving applicants EADs and job portability.
     
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  3. s_gan

    s_gan Super Moderator

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    It will still be an approximate count unless Eb3 to EB2 porting is disallowed and per-country cap is removed.

    An EB3 applicant should not be allowed to retain the PD if the applicant changes employer and if the new employer applies for I140 under applies under EB2 category.
     
    Last edited: Mar 24, 2015
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If they capture proper data, they can compare names and dates of birth on both lists to get a count for double filings.
     
  5. s_gan

    s_gan Super Moderator

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    What you say is true for double counting, but the issue is every year we see atleast 5000 to 6000 applicants porting to EB2 from EB3.
    This cannot be captured by removing double counting. whenever dates go current for any PD the Porting numbers add anywhere between 25-50%
     
  6. Kamakazee

    Kamakazee Super Moderator

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    Ron, sounds more like a wish list for Santa Claus. Asking this from an agency which still does paper applications may be a bit too much.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is no way that they will do this on their own. For one thing, revealing the size of the backlogs and their lack of progress on them would be humiliating. They will have to be dragged into doing this by outside forces. Even then, they will try to evade their responsibility the minute they think they can get away with it.
     
  8. GeorgeCostanza

    GeorgeCostanza Guru

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    Why hasn't there ever been an independent task force that holds this agency accountable? This is a democracy after all.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Probably because no one in Congress cares enough.
     
  10. avatar

    avatar Junior Member

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    Ron - Do you have any clue when the administration expects to take action (if any?) Didn't obama promise end of march the last time ?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My feeling is that we are looking at weeks, not months.
     
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  12. Pkai

    Pkai New Member

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    Hello Mr. Ron,
    Please see below the details.

    Background:

    1. My green card priority date under EB3 – India category is 18th March 2007.

    2. My AOS (I-485) application is pending since 8th August 2007.

    3. I used AC-21 to switch my job from the green card sponsoring employer to my current employer on 1 July 2013.

    4. My wife, my daughter and my son are dependent applicants in my green card applications.

    5. My wife and I are working using EAD status. My daughter and son are having EADs as well and they are studying in college.

    6. My daughter was 16+ years old at the time of I-485 application and now she is 24+ years old

      My son was 11+ years old at the time of I-485 application and now he is 19+ years old


    Let us say a new employer is willing to sponsor my green card under EB2and help me to port my EB3 priority date.

    What will happen to the AOS petition of my daughter? Can it be ported too to my new EB2 application? Please note that my daughter was 16+ years old at the time of I-485 application and now she is 24+ years old

    Thank you very much
     
  13. s_gan

    s_gan Super Moderator

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    Could you please post this under

    Immigrant Issues->General Immigration Questions.

    thanks.
     
  14. h1bperm

    h1bperm Junior Member

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    It means, they will announce in a month or two max?
     
  15. ExhaustedEastIndianLegal

    ExhaustedEastIndianLegal Guru

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    Ron, My question is surrounding the same quote of yours. You have any inside information as to when the pre-registration or reinterpretation could happen? I am in the same boat as a lot many folks here. I have multiple job offers but I don't want to start my PR cycle of Labor & 140 all over again.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    What I'm hearing is that they are going to "give relief to applicants who are stuck in the backlog." I haven't heard anything more specific than that.
     
  17. h1bperm

    h1bperm Junior Member

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    Ok. Is this what planned to be announced in weeks? Any chance it becomes effective from July (as hearing some rumors).

    Since H4 EAD is effective from Day after Memorial Day, it will be great if 140 EAD becomes effective from Day after Independence Day.
     
  18. ARam

    ARam Guru

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    How do you expect Ron to confirm rumors, half-truths or 3rd person commentary? His analysis over the years has been on facts on ground, confirmed & published news articles not hearsay. Let us all wait for something to come out from official sources.
     
  19. h1bperm

    h1bperm Junior Member

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    Yes, I agree. Keeping fingers crossed.
     
  20. Kamakazee

    Kamakazee Super Moderator

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    Ron, does "give relief to applicants who are stuck in the backlog" mean actually reducing the backlog or may only mean job portability and nothing to actually reduce the backlog? Is it possible that we may only get "Pre-Registration"? I know some folks very eager to switch jobs will be absolutely delighted with only this but this does not reduce the actual backlog. I am hoping for something more like recapture and/or statute reinterpretation.
     

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