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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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    Looks like someone named ynrao24 is copying and pasting my posts here into the IV forum. :)

    To be honest, I don't mind it as I don't like to post there anyway.
     
  2. ht7

    ht7 Guru

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    this
     
  3. cross

    cross Junior Member

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    Some blanket statements like this are blatantly misleading. I bought a home 4 years back in the depth of the recession and got a great deal and interest rate. If I had worried about my GC status and not done that, I would have spent $48,000 in rent the past four years and instead I was able to accumulate equity on my home.

    Also my kids are American, not Indian. I teach them to respect "their country" and their flag and always make it a point to emphasize that India is my country but America is your country. They are very patriotic, in fact one of them is usually the flag bearer in her class and leads them to sing the anthem and recite the pledge of allegiance. What is being suggested is just not right.
     
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  4. ht7

    ht7 Guru

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    2009 was once in a generation market dip. You could have made even more money in the stock market. In fact, the S&P has outperformed REIT index since 2009.

    About the kids part: They wont feel patriotic if you are given the deportation orders tomorrow.
     
  5. cross

    cross Junior Member

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    Why exactly will I be given the deportation orders tomorrow? I am not illegal, never was and never plan to be. I actually helped found our company and we have 2400% growth in employees over the past 8 years if you want to believe it. And even if I were deported, my children will always be American and that will be their identity no matter where they live in the world. If you have no desire for assimilation into this country and culture (good or bad from your perspective), you are wasting your time here.
     
    Last edited: Jul 16, 2015
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  6. manixium

    manixium Super Moderator

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    If it isn't retroactive, what happens to people who've been waiting in line years with the same employer? Their I-140s could have been filed ages ago. Does that mean they get shafted until a new I-140 is filed? If so, then they're screwed for job mobility unless they change jobs and find someone to file a new I-140, which they would have done anyway if they could!

    In fact, I can't imagine how this won't be retroactive to some degree!
     
  7. ht7

    ht7 Guru

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    if you lose job, u can be deported even if ur currently legal. Doesn't matter what you did for your company, thats the law. Deportation does affect children, is that news to you?

    I will assimilate, but I will never make the mistake of thinking that Im American till I get citizenship. You seem to be entitled just on H1 visa.

    PS: growth is usually measured in profits, not head count, its curious that you chose that metric.
     
  8. cross

    cross Junior Member

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    The nice part for them in releasing these small reports with little to no implementation strategy details is that they can do whatever they want later with no basis for comparison against what they said they will do.
     
  9. cross

    cross Junior Member

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    Not intend to respond to this offtopic after this but obviously you have your own way of conducting your life here very divergent from mine and I respect your choice. I for one love this country because she has done so much for me and she enabled me to progress from a situation where 6 of our family grew up back in India in a 350 sq ft apartment to owning my own single family residence with a backyard to the woods. My American dream by my standards has already been achieved and anything on top of this will just be a bonus.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, they would become eligible one year after the policy goes into effect - at worst.
     
  11. cross

    cross Junior Member

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    In that case, there needs to be some protection for the employees too so that they cannot be terminated because of this which will put them in a bind.
     
  12. ead140watcher

    ead140watcher New Member

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    Well these are not blanket statements but just one of many strategies to not be frustrated. I got my Masters here and respect the systems in place here. The fact you can't forget is you still come through a visitor line at port of entry. Your Visa says non immigrant. Your kids are US citizen but nothing stopping to take OCI and develop more ties. Like ht7 said you are feeling more rooted here than what the reality is. Its very Similar to Hindu philosophy, nothings permanent and don't get too much attached.
     
  13. manixium

    manixium Super Moderator

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    Well in that case, what if they aren't with the petitioning employer anymore? I wonder if the language in the bill will specifically address that.

    Anyway, I think for this whole thing to make sense, they have to make it "retroactive" in the sense of applying it to all I-140 petitions that have not been revoked, no matter when it was filed in the past, maybe insisting on the 1-year wait from the time the rule is applied. Honestly the 1-year wait doesn't make sense either if the employee has already been with the employer for more than a year.

    Whether they make the clause that you still have to be with the same employer that filed your past I-140 is the question.
     
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  14. cross

    cross Junior Member

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    If I had spent the last 15 years thinking every minute that I am an outsider, that would mean I would have wasted half my life doing that. Instead I chose to take a positive approach instead of thinking about all the negatives. For example, instead of thinking I need to stand in the visitor line coming into the US, I enjoy that I can stand in the shorter foreign national line along with my children when entering India :). So to each their own.
     
  15. cross

    cross Junior Member

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    There was somewhere where the admin stated if I recall that there were concerns from the employers that if immediate job portability is allowed, there will be mass exodus of people which is probably true for a lot of oppressed folk. So there will likely be some employer protections built in to avoid that situation.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I agree that this is a strong possibility, but it's wrong.
     
  17. Neesh

    Neesh New Member

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    Yes, I am with you on this.
    I dont think either Dems or GOP want to put an end to this immigration issue. B'coz it is a dangling carrot for immigrants and politicians use this issue to attract their vote bank and earn money for agencies like USCIS. At least, new H1B workers can be aware of their rights and issues before making decision to move.
     
  18. manixium

    manixium Super Moderator

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    There's two things involved:
    (1) Getting the EAD - is this right after I-140 approval? Or is this also a year later? So far I haven't heard anything that says the EAD is only available in a year. Technically this would allow immediate switching of jobs.

    (2) Owning the I-140 - this is def 1 year after approval, and provides freedom from further PERM requirements.

    if (1) is true, then you can switch employers anytime; just that you're technically out of the green card process and have to start with PERM again with a new employer. Just that instead of H1B, you'll be on EAD forever. And if the employer revokes your I-140 (if you switch prior to the year) you're screwed. So employers get 1 year to exploit the f* out of you after I-140.
     
  19. cuckoo

    cuckoo Super Moderator

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    From whatever detail we have seen so far it could easily be retroactive. To say we are providing relief to beneficiaries of approved immigrant petition who are facing backlogs and then not provide that relief retroactively would be odd. It may be that the issue will be decided as the rule making progresses depending on comments when the draft is published. In any case, if it is not in the draft, we can all throw our weight behind necessary changes that will ensure it is retroactive. Of course, the Indian IT companies will and probably already are lobbying in the opposite direction. I guess, we will just have to wait and see.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My feeling is that the EAD will be available immediately to anyone with an approved I-140. The only question is will the one year wait for portability start with the I-140 approval date or the date the rule is implemented. I'm hoping it is the former.
     

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