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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. gten20

    gten20 Junior Member

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    Wrong forum. :)
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Let's not rehash the past.
     
  3. s_gan

    s_gan Super Moderator

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    The only advantage for doing this would be to pre-adjudicate the applications , however I do not understand how useful it would be considering the fact that medicals expire every year and people continuously port.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The only solution is going to be:
    1. Pour a whole lot of new visas into the quota; and,
    2. Hire a bunch of new adjudicators.
     
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  5. Rick D

    Rick D Active Member

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    True. But I doubt that will be implemented via changes to the VB. I think will be simpler to just modify regulations to allow for early AoS based on the wait time, when the VB date is earlier than the PD, rather than tinkering with the visa bulletin and how and when to move dates. How will it happen, move dates to T-x years once a year? That will raise additional complications wrt managing VB dates.

    And since it is IV's statements that are partly behind this speculation, they have also mentioned early AoS as a separate item.
     
  6. Rick D

    Rick D Active Member

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    I hope the administration realizes this, and the fact that only one of the Rs can fix the problem, since the congress is not likely to act. Most other fixes may create many unforeseen complications.

    Do you think one of the Rs is still likely in Obama's term, given things like his legacy, keeping tech donors happy and what not, as opposed to pressure from the far left and right?
     
  7. rcht148

    rcht148 Member

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    Agree with s_gan here.
    This is from an IV member who I believe is very high on the food chain:
    If you read IV's post (from Tuesday on FB) it should become apparent to you that the changes coming will be systemic durable changes that will be very very good for us. Not some one shot thing like 2007.

    I think that 2007 has emotionally scarred a lot of people who missed it driving them to the point of irrationality.
    Source:
    http://immigrationvoice.org/forum/3586995-post541.html

    I don't mind waiting for a year to get a systemic fix which allows us to file AoS after x years.
    It would be extremely short sighted of us to hope for the VB to go current once and get through this hurdle, screw everyone else that comes after us.
    If this fix gets implemented it would improve life of every EB immigrant and US citizens due to better labor movement.
     
  8. s_gan

    s_gan Super Moderator

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    Cyrus is muted on the question of re-interpretation and no articles on legal immigration in the past several months but more tweets on DACA/DAPA. Sum it up and it hints at no recapture/re-interpretation.
     
  9. stanii

    stanii Member

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    this is what bugs me. So people who had approved I140 for several years, who changed jobs in the last 2 years or so. Who have new I140 recently are fed to the beast?
     
  10. s_gan

    s_gan Super Moderator

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    Not really, you should be okay at least in a year or two. Compare this with people who have been waking for a decade for EAD.

    I personally do not appreciate anything other than 2Rs.
     
  11. Kamakazee

    Kamakazee Super Moderator

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    The problem is, if neither Rs happen, people will continue to be on EAD for decades more. If that's all the administration meant by "providing relief", then it is disappointing. There will be no reduction in backlog.
     
  12. Kamakazee

    Kamakazee Super Moderator

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    We know the different agencies submitted their recommendations to the WH within 120 days. Now the final report which is supposed to come out any day is supposed to be the compiled one which the WH has okayed and will be implemented. Am I thinking this correctly?
     
  13. stanii

    stanii Member

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    If you give me EAD tomorrow and ask me to be in it for 15 years - I will take it!
    Rather than promise of GC after 1 year and nothing for the next 1 year.

    I am pretty sure most of our guys will do the same. 95% are on the verge of a meltdown!!
     
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  14. alpha0

    alpha0 Guru

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    I agree. "A bird in hand is worth two in the bush". I would still want to fight for GC after EAD, but EAD will make life way better for many of us than what it is today.
     
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  15. Kamakazee

    Kamakazee Super Moderator

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    I agree many people are on the verge of meltdown, but they are to blame themselves for the condition. Were they better off when there was no hope? If EAD is the only option, then of course people will take it to free themselves from visa renewals (EAD renewals will still be there) and of course the pain of getting stamping done.

    If USCIS agrees to giving interim EADs (it is the law, they simply do not follow it), then having EAD/AP is as good as having a GC.
     
    Last edited: Jun 2, 2015
  16. stanii

    stanii Member

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    My point is - I am sitting on my I40 for more than 5 years. thinking of changing employer now.
    But if they say I140 EAD only for 5 years approved I140, people like me are screwed!!
     
  17. speedracer

    speedracer Guru

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    I don't think they can have a max limit like that since the 140 from 5 years ago is still used for h1b extensions .. it is still valid and legally if it is used for h1b extensions, it should be used for EAD.. there is usually minimum time limit like 180 days or 1 year .. etc.. there can be lot of other ways they can screw us..
     
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  18. stanii

    stanii Member

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    Hope they do something like 1 year or so. Anything more, will be good only for very small percentage!!
     
  19. speedracer

    speedracer Guru

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    On the march 19 call by the agency.. many suggested 180 days wait time.. not sure if it was application date or approval date.. but a lot of people have 140 approvals for more than 12 months anyway..
     
  20. Kamakazee

    Kamakazee Super Moderator

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    I think the latest "rumors" were 1 year after I-140 is approved if PD is not current, to protect the "employer's investment". I think most will be ok with waiting out a year. Either way, even if your PD is current, you are advised to wait 180 days, another 6 months will not hurt anyone. Many as stanii mentioned are waiting for years after I-140 is approved. The only problem is, now people are stuck and are hesitant to take a better job offer till this rule is implemented.
     
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