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Please Comment On The Uscis Questions

Discussion in 'General discussion about executive action' started by Ron Gotcher, Apr 2, 2015.

  1. Jonty Rhodes

    Jonty Rhodes Active Member

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    Q. When is 140Ead coming ?
    A. Its going to happen. Its just going to take sometime but it will happen. Hang-in there. Please consider ignoring fake naysayers.

    And your response to the above....."IV has just commented on their Facebook page that implementation of I-140 EAD will be delayed. If their comment is true (they usually don't make such comments if they don't have information), along with it goes all the timing speculations. :("

    :eek:

    I am sure about what I said in the previous post.
     
  2. NIW_limbo

    NIW_limbo Member

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    Weren't we expecting an announcement soon after March 20 deadline? Now USCIS is pushing it further with sets of redundant questions. Then IV said it is going to take sometime….. just saying.
     
  3. Kamakazee

    Kamakazee Super Moderator

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    Its pretty obvious that since USCIS is still taking in comments that the rulemaking is not close to being finished. Moreover, their latest set of questions were inclined towards how to make the job portability process more restrictive which does not help at all. So it is still an ongoing process which will take some time.
     
  4. Satish.txt

    Satish.txt Member

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    look like after considering all comments they will announce "Rule-making process" which they will delay down the line. Don't expect USCIS will just finalize I-140 rule directly base on email comments.
     
  5. Kamakazee

    Kamakazee Super Moderator

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    The problem is nothing can move till USCIS drafts the rule. Even while drafting the final rule was H4 EAD, USCIS was the one who was delaying things. Once they submitted it to OMB, the rest moved pretty fast. The same is happening again. USCIS is delaying the drafting of this rule and everyone is waiting on that. Things cannot move till the rule is drafted. Only then can OMB approve it, the comment period can start etc. and the "rulemaking process" can get underway. But that cannot happen till USCIS prepares the draft rule.

    I think we are all waiting on that juncture.
     
  6. don012001

    don012001 Junior Member

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    Does it mean AP for eligible candidates?

    Ensuring that individuals with lawful status can travel to their countries of origin.
    DHS will clarify its guidance to provide greater assurance to individuals with a pending LPR application or certain temporary status permission to travel abroad with advance permission (“parole”).

    REF: https://www.whitehouse.gov/issues/immigration/streamlining-immigration
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It means that they are considering an expansion of advance parole.
     
  8. Kamakazee

    Kamakazee Super Moderator

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    What would be the advantage of giving EADs to H1Bs without giving them APs if they have to maintain their H1B status anyway? It defeats the whole purpose of this exercise. "Pre-Registration" means providing the benefits of AOS without current PD which means both EAD and AP.

    Can't this be taken care of by allowing approved I-140 people to file for I-765 (EAD) and I-131 (AP) without making them file for I-485? Filing for I-485 means AOS which is not possible unless a visa number is available.
     
  9. s_gan

    s_gan Super Moderator

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    But the issue if what happens if you leave the employer ? Will the I-140 be deemed invalid ? Can the applicant file I-485 ?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My impression is that they are contemplating something along the lines of PERM portability. That is, once a PERM is approved, you will be able to change jobs/employers, as long as you stay in the same or similar occupational classification.
     
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  11. SGeorge

    SGeorge Guru

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    Can't this be taken care of by allowing approved I-140 people to file for I-765 (EAD) and I-131 (AP) without making them file for I-485?
    -----------------------------------------------------------------------------------------------
    Ron,
    referring to above question from Kamakazee

    Is this possible?
    Is there anything in the statute or rules which mandates that I-765 (EAD) and I-131 (AP) can be applied only during I-485 filing or its just a precedence USCIS followed through years ?
     
  12. s_gan

    s_gan Super Moderator

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    No. Nothing in the statute that mandates who can apply for I-765
     
    Last edited: Apr 13, 2015
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Most experts agree that the USCIS has the authority to accept an I-485 filing before the applicant's priority date is current. They can't approve the adjustment of status, however, unless and until a visa becomes available for the applicant. Once an I-485 is filed, an applicant may also request advance parole and an EAD.

    Going over to this system would make a lot of sense in that it would allow the USCIS to ensure that all available visas are used each year.
     
  14. sukhbir kaur

    sukhbir kaur New Member

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    Hi Ron, Do you think there is a possibility USCIS will let this happen anytime sooner?
     
  15. SGeorge

    SGeorge Guru

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    Ron ,
    Thanks for the reply.But my question is can USCIS let everyone file I-765 (EAD) and I-131 (AP) before their dates become current?
    Can they separate this from I-485 package and make it sequential after I140 approval and before I485 filing?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't see how they could do that.
     
  17. speedracer

    speedracer Guru

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    Did anyone ask how and when they would really respond to our responses? the email sent is open ended with no deadline .. hope people asked for response date.
    Anyone on the AILA SPECIAL Ticket to hear about the update on EA?
     
  18. Kamakazee

    Kamakazee Super Moderator

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    Maybe we can get an update from Leon R. on the 17th since he will be speaking at the AILA conference.
     
  19. speedracer

    speedracer Guru

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    What do you think Ron , will Leon R. really give a feedback or just some nonsense ideas?
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Expect a lot of vague platitudes.
     
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