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Speculation On 140 Ead & Ap

Discussion in 'General discussion about executive action' started by Ron Gotcher, May 29, 2015.

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  1. speedracer

    speedracer Guru

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    relief - could be from H1 extensions, stamping, travel issues - can be AP, job portability, career progression and stability
     
  2. SGeorge

    SGeorge Guru

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    I was speculating based on IV stuff.Was wondering if there is any other fix coming for people who have been waiting for long(long can be anything from 2 years or more)
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    All of that is pretty much spelled out in the earlier enumerated points.
     
  4. sunyang

    sunyang Well-Known Member

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    yup. employment authorization is a more powerful doc. than any visa. so i am sure that if uscis is conferring an ead on someone, they would ofcourse let that person travel in and out of the country freely if needed
     
  5. ARam

    ARam Guru

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    unlimited supply of TUMS caplets for heartburn from standing in line patiently for decades would be some relief. Apologies for the cheap friday evening comedy.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That would be a step up.
     
  7. IAmLegalAlien

    IAmLegalAlien New Member

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    What if the point No. 2 to 4 are just implications or benefits of point 1?;)
    Yes, I agree that they have written it as if there are 4 things going to happen through this rule, but all they meant was - " Through this rule, DHS proposes to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries to obtain work authorization"
    They might add some description to say how EAD can be used to move from one employer to other without H1 transfer/LCA etc ( to clarify the meaning of portable work authorization), Provide the meaning of same or similar jobs (remove unnecessary restrictions on the ability to change jobs or progress in careers), and how Alien does not need to wait until his PD becomes current to get EAD (as well as provide relief to workers facing lengthy adjustment delays). All in all what we get is EAD (may be AP) from all 4 points o_O. That's what I think unless they have some grand scheme of plans :)
     
  8. amang

    amang New Member

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  9. amang

    amang New Member

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  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That has to do with a request by the AAO concerning a pending appeal. What the AAO doesn't seem to appreciate is that this matter has been taken out of their hands by the federal courts. The courts have held that employees have standing to participate in I-140 adjudications.
     
  11. stanii

    stanii Member

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    I know a way to expedite all these - If I abandon my approved I140 (will be revoked next day), jump to my new job offer.

    Personally it will all comedown to that ;)

    Will not mind taking one for the team!
     
  12. s_gan

    s_gan Super Moderator

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    "One DHS official who disagrees with the administration’s policies told me DHS “intends to ‘recapture’ ‘unused’ visas from years past to grant more visas and LPR [green card] status. In addition to this ‘visa blizzard,’ the agency will allow folks to jam in applications during the blizzard, knowing that the visa applicant/beneficiary is not eligible for the visa.”


    Does jamming imply that dates would be advanced to allow filing of 485 when dates or not current ?

    This old writeup from pjmedia sounds very similar to what IV has been saying.
     
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  13. Kamakazee

    Kamakazee Super Moderator

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    Dates can only advance if more visas are added to the quota. We all agree that. They cannot make the dates "current for a month" like some people think is possible. This article seems to suggest that recapture is surely happening which will infuse around 200k visas in the quota and hence, the "visa blizzard".

    But I agree. This aligns with what IV has been saying. Which begs me to ask - if recapture is in the works, why wait? Did USCIS ask the WH to hold off so that they can be more prepared for the "visa blizzard" when it happens? That's the only excuse I can think of now.
     
  14. Aarun

    Aarun Member

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    If what you say is true and if this so called visa blizzard comes, that'll be the best thing to happen evva!!!
     
  15. Kamakazee

    Kamakazee Super Moderator

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    Seems AILA is working against us and wants employers to keep employees in the dark related to I-140s??
     
  16. stanii

    stanii Member

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    that is in their best interest.
     
  17. Kamakazee

    Kamakazee Super Moderator

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    Then how can we expect AILA to ask questions about recapture or reinterpretation of statute at the conference which is against their best interest? For all we know, they are already pushing back hard against the administration's attempt to do recapture and they will try in every way possible to delay the rulemaking or put incentives for the employer to "protect the employer's investment" as one lawyer said in the teleconference.
     
  18. Irm3

    Irm3 Member

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    I think the term "provide relief" to workers facing lengthy adjustment delays could be related to providing 200k unused visa recapture into the quota which will provide relief to many in the pipeline.
     
  19. Kamakazee

    Kamakazee Super Moderator

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    But recapture does not need to go through rulemaking and hence, not required to be mentioned in the proposed rule. The term "provide relief" is cloudy, it will only be clarified once it is opened for comments.
     
  20. righttolive

    righttolive Member

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    Is this true? that AILA is working aganist Immigrants/employees? Now, i do see how many Attorneys would be unhappy to loose several clients given the rapis movement in dates, etc but wnat to give them th benefit of doubt. Ron?
     
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