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Not Happening In Any Shape Or Form - Ead Based On I-140

Discussion in 'Filing for AOS with an approved I-140' started by cuckoo, Feb 24, 2015.

  1. cuckoo

    cuckoo Super Moderator

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    Looking at White House's recent response to a petition, there in not going to be pre-registration or any other work around to grant EADs to applicants with approved I-140 who are not eligible to file I-1485 because of visa number unavailability. As we suspected, all that vague noise in the executive action memos was just hogwash. I quote the response:

    Thank you for signing the petition "Allow Seriously Backlogged EB2/EB3 Beneficiaries with Their I-140 Approved to File I-485 and Apply for EAD & AP."
    . . .
    Today, many I-140 approved beneficiaries from countries such as China and India must wait several years for a visa to become available because of statutory limits on the number of visas that can be issued to nationals of a particular country in a given fiscal year. The proposal outlined in this petition asks that beneficiaries of approved I-140 immigrant worker petitions be allowed to apply for adjustment of status while they wait for visas to become available, which would allow the accompanying interim benefits of an Employment Authorization Document (EAD) and Advance Parole -- in other words, the ability to work in the United States and to leave the United States and return while awaiting a visa. Unfortunately, the U.S. Citizenship and Immigration Services (USCIS) cannot change the statutory requirement that a visa must be immediately available at the time an individual is allowed to file an application to adjust their status. This proposed reform can only be made by Congress through changes to the law. (Emphasis added).
    https://petitions.whitehouse.gov/response/removing-bottlenecks-visa-process
     
  2. GeorgeCostanza

    GeorgeCostanza Guru

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    Let's wait until March 20th and see what they come up with. Everything else is nothing but pure speculation.
     
  3. cuckoo

    cuckoo Super Moderator

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    Well, this explanation is literally from horse's mouth.
     
  4. HRoark

    HRoark New Member

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    This was from IV. I don't know if i can post it here but this is just for your information.

    Question 1:
    IV said that the system will allow filing Adjustment of Status when the visa number if no available. But there is no mention of this on USCIS Website

    Answer 1:
    Filing Adjustment of Status when the visa number is not available will require change in regulation. That is why this is not part of what is not available online, but we believe that it will be soon. Every fix that is being made has not been fully announced. IV have been advocating for this change since 2006.


    Question 2:
    Then what is IV's source of information?

    Answer 2:
    White House conducted briefings on 20th November prior to making the announcement about the Executive Action. At two (2) of these briefings, IV learned about this fix 'to allow filing Adjustment of status when the visa number is not available'
     
  5. cuckoo

    cuckoo Super Moderator

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    Even if the POTUS had some such inclination at the time executive action was announced, he has obviously changed his mind. USCIS cannot do rulemaking when the rule would not meet statutory requirement. The WH is clearly taking a stand as of late February 2015 that the statute does not allow any such relief. Note that this response is post Texas Court ruling. Obviously, WH feels no need to string along legal immigrants any longer. They never saw much value in expending political capital for CN and IN legal immigrants to start with. With a fresh battle on their hands, there is even less reason to do so.
     
  6. GeorgeCostanza

    GeorgeCostanza Guru

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    My guess is that they're stating this specifically for this petition. Sometime after March 20th, they might come up with some provisions that allow this...who knows. We've all seen this play out many times..nothing is set in stone and things can change on the turn of a dime.
     
  7. cuckoo

    cuckoo Super Moderator

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    For the reasons in my post above, I just don't see the administration making a U-turn from their position as stated in the response. And it really is very precise, leaving little wiggle room for wishful thinking.
     
  8. GeorgeCostanza

    GeorgeCostanza Guru

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    Alright then...guess we're getting no benefits.
     
  9. cuckoo

    cuckoo Super Moderator

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    Well, reinterpreting the visa number counting method to exclude dependents has nothing to do with this and is still out there. But given that it found even less of a mention (if any, and much more vague) in the executive action, I would not hold my breath...
     
  10. NN5

    NN5 Guru

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    I am very sure that I read this kind of response from WH 2 years ago. The petition was created in 2011.Are we sure this is a recent response from WH?
     
  11. NN5

    NN5 Guru

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    Also in the response check this:
    "As we continue to build support for legislative reform, the Administration will continually look for ways to improve the current immigration system, and we have proposed several important changes in the past several months. Recently, USCIS Director Alejandro Mayorkas joined the President's Council on Jobs and Competiveness in Pittsburgh to announce the "Entrepreneurs in Residence" initiative, which will utilize industry expertise to strengthen USCIS policies and practices surrounding immigrant investors, entrepreneurs, and workers with specialized skills, knowledge or abilities."

    Mr Mayorkas left USCIS in 2013.
     
  12. cuckoo

    cuckoo Super Moderator

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    Good catch. My bad. I picked it up from one of the recent posts in this forum, and there is no date on that response.
     
  13. montyp80

    montyp80 Junior Member

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    As far as what I have read in the memo issued by WH after announcement of EA's, no where it was mentioned that white house itself will implement these changes. Everything has a process and for such a reform there will definitely be a need of regulatory change. Anyhow, Memo directs DHS/USCIS to work together and come up with ways to improve immigration system a.k.a 'Visa Modernization' in form of a report no later than March 20th and all the suggestions/recommendations will be included in that report.

    Also if you dig around some recent posts on this forum you would see that USCIS recently confirmed in their email response that drafting of 'pre-registration' rule is already in the works!!!

    Lastly, if IV folks were to be believed then this rule will be implemented somewhere around Oct 2015.

    We all will have much more clarity once the said report is published sometime after March 20th
     
  14. asdk

    asdk New Member

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    OTE="cuckoo, post: 81921, member: 9233"]Looking at White House's recent response to a petition, there in not going to be pre-registration or any other work around to grant EADs to applicants with approved I-140 who are not eligible to file I-1485 because of visa number unavailability. As we suspected, all that vague noise in the executive action memos was just hogwash. I quote the response:

    Thank you for signing the petition "Allow Seriously Backlogged EB2/EB3 Beneficiaries with Their I-140 Approved to File I-485 and Apply for EAD & AP."
    . . .
    Today, many I-140 approved beneficiaries from countries such as China and India must wait several years for a visa to become available because of statutory limits on the number of visas that can be issued to nationals of a particular country in a given fiscal year. The proposal outlined in this petition asks that beneficiaries of approved I-140 immigrant worker petitions be allowed to apply for adjustment of status while they wait for visas to become available, which would allow the accompanying interim benefits of an Employment Authorization Document (EAD) and Advance Parole -- in other words, the ability to work in the United States and to leave the United States and return while awaiting a visa. Unfortunately, the U.S. Citizenship and Immigration Services (USCIS) cannot change the statutory requirement that a visa must be immediately available at the time an individual is allowed to file an application to adjust their status. This proposed reform can only be made by Congress through changes to the law. (Emphasis added).
    https://petitions.whitehouse.gov/response/removing-bottlenecks-visa-process
    [/QUOTE]
    You are reading this wrong. USCIS is saying they cant make a visa available as soon as AOS is applied. 140 ead rule would enable Ead when no visa number is available. We already know USCIS cant simply give more visas. That has to go through congress
     
  15. DonDraper

    DonDraper Guru

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    Whitehouse: Yet we will allow 5 million illegal immigrants who break the law and enter then country illegally will be allowed to pre register and get all benefits before the legals. - Signed by Obama
     
  16. speedracer

    speedracer Guru

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    before we all jump the gun and race to conclusion that EAD for H1b holders with approved 140 wont happen, take a pause and think the above petition was published 2011, even the DACA was not established in 2011. I am guessing most senior members will agree with me to wait and see what happens in March.
    Also, most of the people who have any creditability in immigration circle , shared their views when asked to contribute for collection of data last month. Almost each and everyone supported and indicated that the EAD - with 140 should be done.
    H4-EAD was published last May and they wont even accept the applications till May 26th 2015, these processes take time and we need to let them take its course.
    We are in same boat, so I completely understand the frustration and sometimes helplessness in many cases due to uncertainty.
     
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  17. Kamakazee

    Kamakazee Super Moderator

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    I am hoping that the study coming out in March will provide us more insight and give us hints as to what we can expect as far as policy changes go. The administration and the agencies have been tight lipped about it so far.
     
  18. HRoark

    HRoark New Member

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  19. GeorgeCostanza

    GeorgeCostanza Guru

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    I agree. There's a lot of negativity, unnecessary panic and frustration caused by posts like these. Let's all wait and see until March 20th. Let's just all take a breather and chill.
     
  20. dgp004

    dgp004 Junior Member

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    The USCIS Director said that portability of people waiting in LPR queue is a top priority for UCSIS and will need some reclassification of the law.
     
    GeorgeCostanza likes this.

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