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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. s_gan

    s_gan Super Moderator

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    Agree. That is why they have now gone silent on 2Rs.
     
  2. s_gan

    s_gan Super Moderator

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    If they are really serious, the administration might do some kind of notice and rule making to err on the side of caution.
     
  3. ssm_nsk

    ssm_nsk Guest

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    Looks like I40, EAD AP thread is slowly diverting into 2Rs discussion.
    Regarding # 4: what if they allow us to file I485 so that your application is locked along with your dependents and also gives us flexibility to work in other fields / start business and we are not bound to "same or similar jobs" of certain number of "waiting"?
     
  4. Karl chin

    Karl chin New Member

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    IV said the big announcement was delayed due to technical bottlenecks for only weeks and not months. This Friday it will start to enter months since they predicted 5/6 for an announcement. Where are they now? Boy did they play with the emotions of thousands of us. Aman Kapoor and other folks @IV are you listening?
     
  5. Kamakazee

    Kamakazee Super Moderator

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    That's cos we are trying to figure out what "relief" can be there other than the 2 Rs and what has been mentioned in Points 1 to 3. Finally, I think the same and similar job clause will remain. As long as you do not file for AOS, this will probably be EAD/AP but without filing I-485, you will have to be in same or similar profession. That is because you are allowed to immigrate in this country for the job you do and your particular skills. And that immigration process is not over yet. You are allowed to move to the next stage to avoid the H1B hassles but will probably have to remain in the same or similar profession till you file AOS. That's my take.
     
    Last edited: Jun 1, 2015
  6. Kamakazee

    Kamakazee Super Moderator

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    Hmm interesting. So you think recapture could be included within the "Pre-Registration" rulemaking?? The problem is we will not know the contents till the proposed rule is published in the FR for comments. That would also mean recapture is not happening any time soon.
     
  7. speedracer

    speedracer Guru

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    recapture.. which is basically to correct an error on part of agency.. do you guys think they would that they would allow it be extensively documented as to how incompetent the agency has been in past decade.. ? I presume it would be just under the wraps with minimal documentation involving agency names.. and admitting fault..
     
  8. Kamakazee

    Kamakazee Super Moderator

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    They will only be forced to do this if WH forces them to. There were no talks of recapture until EAs were announced.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    What are you talking about? AILA has long supported employees being able to participate in I-140 proceedings.
     
  10. ssm_nsk

    ssm_nsk Guest

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    Right - my guess - how about just accept I-485 from us (not take any action on them other than issue EAD and AP till date are current) and then break us free from employer / same job trap after a certain time. Exactly grant the same level of freedom that a person on GC will get except the actual GC. ...Not sure if this make sense.
     
  11. Irm3

    Irm3 Member

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    Even if WH forces/forced USCIS, USCIS resource management and/or technical/technology bottlenecks could be causing the delay here for recapture as they might be burdened with H4EAD and other stuff and need time, and hence recapture could be ready by the time "Pre-Registration" rule making is at NPRM stage and both could be clubbed together.
     
  12. Kamakazee

    Kamakazee Super Moderator

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    Recapture can also make Pre-Registration rule unimportant to many, of course depending how many visas are recaptured.
     
  13. WhatSheSaid

    WhatSheSaid Member

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    Earlier we thought that USCIS/DHS has not say in visa recapture and it is authority of DOS. However, January RFI USCIS asked about Visa Recapture. If USCIS has no authority, then why would they even ask?
     
  14. WhatSheSaid

    WhatSheSaid Member

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    What if I-140 Proposed Rule is in fact Visa Modernization rule and is inclusive of recapture and re-interpretation? As Ron mentioned earlier, it has interesting clause "as well as provide relief to workers facing lengthy adjustment delays".
     
  15. Kamakazee

    Kamakazee Super Moderator

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    The RFI was issued jointly by DHS/USCIS and DOS. That's why recapture was asked as it is under DOS's jurisdiction. But after that, we heard nothing.
     
  16. Kamakazee

    Kamakazee Super Moderator

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    That was what was discussed earlier. Check #46.
     
  17. WhatSheSaid

    WhatSheSaid Member

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    Understood. Didn't know it was joint RFI.
     
  18. Rick D

    Rick D Active Member

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    At the risk of over-analyzing their statement, IV said "we expect changes to the system whereby most (not all) the qualified pending applicants with approved Immigrant petition (I-140) will be able to file AOS (I-485)"

    That means it is not a normal process of generation of inventory. It is also likely not a one time fix of making everyone current like 2007.
     
  19. s_gan

    s_gan Super Moderator

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    Not really, it may be something like allowing people with approved I-140 who have been waiting for more than X years to file for AoS.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That was the original speculation.
     
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