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Speculation And Discussion About "pre-registration"

Discussion in 'General discussion about executive action' started by Ron Gotcher, Jun 18, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think I've figured out what is going on with all of the talk about pre-registration and Visa Bulletin announcements. Back in November, the President talked about eliminating visa wastage and making the system more transparent. Here is what I suspect they are going to do:
    • The USCIS will start giving the Visa Office accurate, up to date data.
    • VO will then take into account the average length of time it takes the USCIS to process an AOS case to completion.
    • VO will then look at the processing times and the demand and set a cutoff date for filing an AOS application. This date should result in the application being processed to completion by the USCIS around the time that visa numbers actually become available for it.
    Right now, you can't file for AOS until a visa number is available. If they go over to the system I've described, you will be able to file for AOS six to twelve months earlier. Better still, no visas should be wasted under this system.

    I think that this is distinctly different from the idea of allowing those with approved I-140s to apply for EAD/AP.

    Thoughts?
     
  2. djayash

    djayash Guru

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    Spot on..This is what I thought might happen...But what I do not understand is how will the VO determine the visa availability "x" months in advance? Once again a rough guess and still chances for visas wasted..
     
  3. Kamakazee

    Kamakazee Super Moderator

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    Agree. It is more like "opening" up the visa before hand giving USCIS enough time to process them so that they are not wasted. The purpose of this exercise seems to be about preventing wastage and the way you described sounds right.

    But is this "Pre-Registration? I thought pre-registration was the rule.
     
  4. Kamakazee

    Kamakazee Super Moderator

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    USCIS has to provide accurate inventory data to DOS to make the prediction.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They can pre-allocate visas to cases. Ideally, all of the visas would be used by August, to ensure that there is no wastage. By estimating processing times, however, VO could keep all categories "open" even when the annual quota has been exhausted.
     
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  6. Kamakazee

    Kamakazee Super Moderator

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    Makes sense. So this is the "movement of VB" which will probably start soon. This also means recapture and statute reinterpretation are dead.
     
  7. Kamakazee

    Kamakazee Super Moderator

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    Ron, question:

    If DOS gets too aggressive, couldn't this also lead to retrogression? One of the main things about VB predictability is that there should be no retrogression.
     
  8. stanii

    stanii Member

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    they never lived to die.
     
  9. Kamakazee

    Kamakazee Super Moderator

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    I would not say that. Why put it in the RFI if it was not even considered? I believe it was but then the administration dropped it. They simply do not have the heart or the will to help legal immigrants.
     
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  10. righttolive

    righttolive Member

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    Any words I mean any that even remotely sounds hopeful gets me through. Hope this is what it is....waiting for tomorrow. Hope someone confirms this.
     
  11. Rick D

    Rick D Active Member

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    This system makes perfect sense. But I am trying to think how much movement there will be in the VB. If I understand this correctly, if AOS processing takes 1 year this system would move the VB to T+1 year. So if it were done right now, dates would become Oct 2009 for EB2 and Feb 2005 for EB3. Is that the 'significant movement' as had been predicted,1 year?
     
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  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No because they would have a cushion. Let's say that the honest estimate of USCIS AOS processing time is nine months. VO would set the cutoff dates nine months earlier than would normally be the case. If, during that nine month interval, USCIS slowed down then all VO would have to do is stall the cutoff dates. The cases in the pipeline could continue to be closed out. No new cases would be filed until the USCIS caught up. There would be no retrogression.
     
  13. mar212011

    mar212011 Well Regarded Member

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    1year movement to 2009 is not really benefitting that too after Oct which is for 2016? these guys already have EAD's and most of them have GC's maybe not the new porting ones - very disappointing
     
  14. Kamakazee

    Kamakazee Super Moderator

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    I get it. If DOS allows someone to file AOS 9 months earlier, it gives them the chance to monitor for 9 months how USCIS is processing within that time frame. They do not allow new filings if USCIS slows down to allow them to "catch up". Makes sense.
     
  15. vssandy1986

    vssandy1986 Active Member

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    so from all this i understand is I140 ead without aos will be in 2016 end or 2017 and Early aos will be given roughly around 1 year than what we have now. all others will be same as of now am i right or am i interpreting wrong????
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The bottom line is that it eliminates visa wastage, provides better predictability as to visa availability, and let's people know exactly where they are in line.
     
  17. Kamakazee

    Kamakazee Super Moderator

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    If VB moves only one year, that does not call for "keep your papers ready". If dates move a year, most have already filed AOS other than the recent porters.
     
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  18. Kamakazee

    Kamakazee Super Moderator

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    a.k.a Visa Modernization!!
     
  19. Rick D

    Rick D Active Member

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    They also mentioned 'most but not all' of 140 approved will be able to file 485. This won't be 'most' people.
     
    Last edited: Jun 18, 2015
  20. Kamakazee

    Kamakazee Super Moderator

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    Lets just agree that the VB has to move a lot more than 1 year for that.
     

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