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Discussion in 'General discussion about executive action' started by djayash, Nov 21, 2014.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No I don't. I also don't see why they would.
     
  2. montyp80

    montyp80 Junior Member

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    Well now would be a good time for Mr. Charles Oppenheim to make EB categories current, considering USCIS has additional man power of 1000 people who were hired to support new DACA and DAPA program under POTUS's EA, instead put them to work on processing few hundred thousands of 485 applications...(pun intended)
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    He can't just snap his fingers and make categories current. He has to make a good faith estimate as to how many applications are needed to make sure that the entire quota is used.
     
  4. dgp004

    dgp004 Junior Member

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    What is the downside of making EB2 current for a short while? This could legally allow the applicants their EAD/AP as suggested by the I-140 pre-registration part of the EO.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The Visa Office doesn't have the legal authority to do that. They have to base movement on the data that is available to them.
     
  6. dgp004

    dgp004 Junior Member

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    OK. But legal EO could be the basis for that.
    The quota is not required since they will not give any green card. But I-485 application can allow EAD/AP to the backlogged applicants.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If they reinterpret the quota statute, everyone's expectation is that all EB priority dates will become current.
     
  8. GeorgeCostanza

    GeorgeCostanza Guru

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    Ron, given the recent development, is the March 20th deadline still valid?

    Thanks.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes
     
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  10. dgp004

    dgp004 Junior Member

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    This is the email response from DHS Ombudsman office. I
    This was the response regarding I 140 EAD question to the DHS Ombudsman office today.

    Subject: RE: Follow up question on the conference call.
    Date: Thu, 19 Feb 2015 20:56:32 +0000

    xxxxx,



    Thank you for participating in the call today. Regarding your question, the Ombudsman’s office is aware that rule writing on this very important issue is underway at this time. The rule writing process is laborious, but the good news is that it has started, and know that all involved understand how difficult it is for those like yourself who have been waiting in the visa queue for years.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Thanks for the update.
     
  12. Kamakazee

    Kamakazee Super Moderator

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    The good thing is that this very rule was proposed some time back by USCIS but was later withdrawn. So, some work for this rulemaking process may have been done previously. Of course, we do not know if all that has been thrown out and USCIS may have started the new one from scratch. But yes, it is good to know that this is underway.
     
  13. montyp80

    montyp80 Junior Member

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    one would assume that it would be much faster this time as they already something to reuse from before BUT its USCIS we are talking about here. So...one can only hope that it would move faster!
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My experience has been that when the White House gets involved, things move much faster at USCIS. Recall the old, really kludgy USCIS web site. The White House sent people over to work on it and within a few weeks, it became much more effective. I suspect that the White House may have dispatched some lawyers from DOJ to work with USCIS to get the rule drafting process moving faster.
     
  15. montyp80

    montyp80 Junior Member

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    Well I hope you are correct!

    But again do you anticipate this rule to be published and made effective before end of the year?
     
  16. dgp004

    dgp004 Junior Member

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    I am also curious to know the timeline of this process.
     
  17. dhakkan

    dhakkan Senior Member

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    Ron - What about EAD on H1 (after 140 approval) - Is that covered under the EO blocking petition?
     
  18. Kamakazee

    Kamakazee Super Moderator

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    How do you block something that does not even exist?? Please do not overthink and overstress.
     
  19. Kamakazee

    Kamakazee Super Moderator

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    I presume that the people who the WH sent to work on the USCIS website were not the same ones who worked on the Healthcare Exchange website ;).

    Secondly, aren't the lawyers from DOJ busy with getting extended DACA and DAPA implemented again? It is very clear that when the WH wants something done, things move within the agencies a lot faster. Lets see what is in store for the legal immigrants this year.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    DOJ is the largest law firm in the world.
     

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