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Statute Re-interpretation

Discussion in 'Visa Modernization' started by s_gan, Dec 14, 2014.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think that pre-registration is pretty much bulletproof. The government will argue that this will let them manage green card applications more efficiently and that since everyone has an approved I-140, the issue of potential harm to U.S. workers has been affirmatively resolved in favor of the applicants. I really don't see any legitimate basis for a challenge.
     
  2. s_gan

    s_gan Super Moderator

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    For the purpose of PERM approval, will these EAD holders be considered as Permanent residents or aliens ?
     
  3. cuckoo

    cuckoo Super Moderator

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    Can't agree with that entirely. We all know how opportunity to appoint supreme court and federal judges is a big deal for every administration and the appointments are based on political leanings. Moreover, nobody needs to guess which way at least 7 of the 9 supreme court judges will rule in any case with political undertones. Cases where merits are clear enough to be black and white are rarely the most contentious ones. We only have to look at Bush v Gore, and citizens united to see how politics overshadows merits and pragmatism and makes supposed opponents of judicial activism become the most radical activist judges ever.
     
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  4. cuckoo

    cuckoo Super Moderator

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    I do not think the administration will ever come out and say we cannot do it. If either of Rs has reasonable merit, legally, having a negative statement on record by an administration never helps. Plainly, any sensible administration would at least do no harm by making statements that preclude or at least make it harder to take any future action. Obama and this administration may have learnt this the hard way. They kept saying the president did not have the power to grant large scale relief to the undocumented and then he proceeded to do exactly that. :)
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Permanent residents are aliens.
     
  6. cuckoo

    cuckoo Super Moderator

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    I am getting pessimistic by the day and wondering if the only thing on the table right now is the I140 EAD, which will move forward when the executive actions for the undocumented are cleared. The Rs may be held back for the grand bargain together with increase in H1B for if and when citizenship/legal status is forthcoming for the undocumented. Just me being cynical...:mad:
     
  7. Rick D

    Rick D Active Member

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    Just a theory, may be USCIS is pushing back saying that they need more time to prepare for the influx of applications.
     
  8. s_gan

    s_gan Super Moderator

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    okay permanent residents or as non-immigrant visa holders ?
     
  9. s_gan

    s_gan Super Moderator

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    Nothing wrong in being optimistic. I don't think DHS official would have leaked to media about recapture if it was not really being discussed.
     
  10. manixium

    manixium Super Moderator

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    Generally doing anything that will increase immigration levels is going to bring a lot of opposition - much more than from fringe organization like SaveJobs. I think even liberal groups might be upset. Reinterpretation especially since that also applies to FB.
    Recapture might be an easier sell, but either way there's going to be another lawsuit filed. Does the admin really want to deal with that headache? And what for - few tens of thousands of Indians. Even the Chinese are OK now - 3 years is barely a wait for them. Contrast this to 5 million illegals and a giant lobby for them, and even they only got EAD.

    I'm just cynical - I don't see the admin taking this much trouble for India EB. What political gain do they think to see? a 100k more votes 5-7 years from now? CA is already a blue state anyway, and I doubt there's enough people in Texas to make a difference.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They are nonimmigrants who are applying for immigrant status.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Right now, Silicon Valley is a cash cow for campaign contributions. All politicians want to stay on their good side.
     
  13. manixium

    manixium Super Moderator

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    IMO quality of life fixes - easier EAD, better EAD processing, etc are what we are likely to see. I'm hoping against hope for recapture, but I'll settle for these.
     
  14. manixium

    manixium Super Moderator

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    True, but all of silicon valley's needs will be met by I-140 EADs and those fixes. What specifically will green cards provide the industry that these fixes won't? GC is utter freedom for their employees which they obviously wouldn't prefer, but the H1 + PERM is such a pain that they would want it gone. EAD is a perfect middle ground.

    I just don't see anything that increases immigration numbers abruptly without congressional action, which is tied into illegal immigration.
     
  15. s_gan

    s_gan Super Moderator

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    This will push down the wages.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I've seen three instances where immigrant visas suddenly became available. In each case, the result was a glut of highly qualified people with unlimited employment authorization. The immediate result was a sharp decrease in H1B filings. At the same time, salaries either leveled off or actually declined because of the abundance of qualified people.

    Why would big employers want to see more visas available? Lower salaries and no need to pay the fees for H1Bs.
     
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  17. s_gan

    s_gan Super Moderator

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    Exactly. The only backlogged country will be India and then no one will care to fix this broken system even if there is fraud.
     
  18. manixium

    manixium Super Moderator

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    Good point. I was talking mainly from the people-waiting-in-queue perspective, but I can see how a lot of fresh blood would enter the labor market as well.
     
  19. manixium

    manixium Super Moderator

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    Well I wouldn't say no one will ever fix it, it'll be fixed around the same time they fix the illegal immigrant problem via congressional action. I just don't see this admin being the one to do so.
     
  20. Pinot Noir

    Pinot Noir New Member

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    Hello Ron,

    How likely do you think is counting out dependents, given that it hasn't happened so far? I read that in past you were optimistic that it might happen eventually. Are you still optimistic given there has been no activity so far?
     

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