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Speculation Concerning 3pm Announcement.

Discussion in 'General discussion about executive action' started by Ron Gotcher, Jul 15, 2015.

  1. cross

    cross Junior Member

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    The funny part is the people who had claimed "technical glitches" being the reason for the delay in release of the report are insisting VB movement as recently as an hour or two back. On what grounds, only they know and are not willing to share.
    "The revisions will help ensure that the maximum number of available visas is issued every year, while also minimizing the potential for visa retrogression."
    This only seems to imply that "moving forward" they will "try" to not waste visas. Since there is no mention of going back and recapturing those that are already wasted (possibly no legal standing to do so), there are no grounds to move the VB forward. Anyway Charlie had already mentioned that so they can always fall back saying he is the one who knows everything about that.
     
  2. Ash_L

    Ash_L Super Moderators

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    We are blaming the messenger, specially because their over enthusiasm and numerous innuendos built hopes and expectations that were smashed by the "report". But the report is from Administration not the messenger (IV) and they have maintained track record of being spineless and ham handed be it dealing with Iran, Cuba or EA for immigration. Lack of leadership and cover your ass approach is quite obvious in this report. Even for stuff like EAD for 140, which is not controversial and likely not to be challenged in court the administration has chosen to hide behind some wall
     
  3. DamperGreen

    DamperGreen Junior Member

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    While I agree with everything you said about Obama, IV has been defending this clown and been trying to sheepishly cheer the reform for illegal immigrants over legal immigrants hoping Obama will throw them a bone too if they keep his ragtag of illegals happy. They deserve all the ridicule and ire of legal immigrant community.
     
  4. Ash_L

    Ash_L Super Moderators

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    IV has been running with the hare and hunting with the hound. On one hand they are busy wooing Republican leaders for HR213 and on the other cozying up with White House to influence Executive Action. I don't think they have any ideological leaning which is prudent. We have to realize IV is run by volunteers most of who are in similar situation as we are. They are not professional lobbyists or PAC of any kind so we should cut them some slack - is all I am saying
     
    s_gan likes this.
  5. DamperGreen

    DamperGreen Junior Member

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    Yes, I get that. If their attitude wasn't all so sacrosanct - it'd be easier to cut them slack. Anyway - I hope they're learning from their mistakes. Cannot trust democRats.

    Ron: Should we open a new thread to explore options to sue USCIS over visa wastage ?
     
  6. ead140watcher

    ead140watcher New Member

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    I would say...whoever felt they are permanent here in US just because they have been staying for a decade or more..should do a reality check.

    As long as and so long as your status is Nonimmigrant , don't buy a home, put investments in mother country, train your kids to adjust for a return to mother country and just be happy that you are earning more than what you would in your mother country.
    If you think you will be Happy if they hand that GreenCard to you tomorrow, think again. May be the markets tank and there are no jobs. So just enjoy the moment ,we all saw from Ron i140 EAD is moving, and that's surely better than before. We get there when we get there. Relax.
     
    ht7 likes this.
  7. agulv

    agulv Guru

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  8. agulv

    agulv Guru

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    Guys, we need to look beyond what is happening to all of us in the modern era where ALL developed countries have their immigration system modernized minus US. We are getting victimized with this non sense of report and band aid strategies with no time lines.

    We need to find a way to show an impact of how important legal immigrants are with not just being a vote bank but to the economy, society and culture.

    Can we try to get media attention? We need to find a way to communicate to future international students the reality and stories of us and have them stop coming here. We should also look at pursuing a Union based organization for legal's which protects us and also can have one voice to the govt.

    This are just my thoughts and i am willing to make it reality if we can support each other.
     
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  9. djayash

    djayash Guru

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    I missed all the action yesterday. Did a "Report" even come out yesterday???
     
  10. agulv

    agulv Guru

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    Just came across this on IV forum from the admin:

    We have said this before, but some folks keep asking the same question again.

    The original plan was to make VB current for the month of July. That is why we provides heads up to folks to get papers ready.

    Subsequently, because of the EAD for H4 lawsuit, Administration was concerned about a possible lawsuit for making Vb current. dropped the plan for making VB current. So there was change of plan.

    In retrospect we did the right thing for sharing what was going on then. If you got papers ready, that will not hurt anyone, you will need them at some point. Many folks will soon be able to use the documents in October.
     
  11. Legal Immigrant

    Legal Immigrant Banned

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    There is no point beating the bush now.

    The result of the report is: After 1 year of I-140 approval, it will be yours and your H1B can be extended/transferred unlimited times. No EAD/AP.
    Stay thirsty my friends (including myself) ;-)
     
  12. gansat

    gansat Member

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    This is a perfect example of their double standards...they were the ones who categorically denied that VB won't be made current in June & July bulletin but now claim that the original plan was to make it current in July. Add to that they were always of the view that making VB current for a month or two will not work and they're not proposing that to the Administration. They have completely lost the trust and little credibility if they had before.
     
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  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I understand your argument. My point is that the executive was not delegated authority to do this by the AC21 legislation. The executive has been delegated authority under other statutes. My original comment was that if they are limiting this to what can be done under AC21, I-140 EAD isn't included. Since we know that such regulations are moving forward, we have to conclude that they are doing so under other authority.

    Also, keep in mind that if they were doing this under the authority of AC21 the portability wait time would be six months, not one year.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Any member can open a new thread.
     
  15. Ash_L

    Ash_L Super Moderators

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    Ron - do you see scope for someone who leaves job now (where the 140 is more than a year old) move to another company on H1 and will be able to file AOS when the PD is current or EAD if the rule is implemented before the PD gets current, without having to start all over agin from labor to 140 with the new employer?
     
  16. Kamakazee

    Kamakazee Super Moderator

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    You are asking if the rule will be retroactive. I really do not think that will be the case.
     
  17. Jim Gotcher

    Jim Gotcher Administrator

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    I don't know. I think it's 50/50.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I agree. I see a lot of merit to making it retroactive, but there will be pushback from employers if they propose that.
     
  19. s_gan

    s_gan Super Moderator

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    I understand that it is premature to ask this question. My previous employer did not revoke my I-140. Do you think I can use it for getting an EAD even after changing employers ?
     
  20. Ash_L

    Ash_L Super Moderators

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    I am not sure if retroactive nature of this rule will impact many employers, since the rule is going to be implemented anyways, the only people who will benefit when its applied retroactively are the ones who changed jobs and the a small section of employers who have spent money on PERM and 140 for their employee when out the blue the employee can use the old 140 and have mobility even before that investment could be recovered
     

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