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Member Profile: sjpv (1 post)

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Hello, I'm sjpv (report this user)
I am from India
I last logged in on 24 Jan 2015
I have been a member since 24 Jan 2015
I have added 1 posts in trackitt forums
I added my last post on 24 Jan 2015
sjpv's Posts
Posted in I-765 (EAD) Forum on 24 Jan 2015
Topic: EAD for H4 Visa Holders

I have been watching this thread for a long time, and have been participating in spreading pro-H4EAD messages in/out-side my company (my spouse is on H4). We should totally keep the pressure up on legislators and bureaucrats. That said, I think there are a few reasons why USCIS has kept this rule on hold (not saying that is fair):
- Money: DHS funding is up in the air (yet again). USCIS needs to hire people to process the massive workload of new EADs for only H4 but also undocumented workers who will file for EADs later in the year. I don't think USCIS will hire a few people for H4-EAD and then more later for the flood of applications later. So, maybe, the upcoming fight in Congress over DHS funding might move/kill this rule.

- Politics: Despite the EA, Republicans are still eying legislation on immigration (some are pro and some are against). Throw in the mix that Senator Grassley is now the Chairman of the Judiciary Committee. Basically, at some point, if Republicans are serious enough, a pack of them will sit down with negotiators at White House to discuss the details. Legislators/Lawyers/Aides on both side with sit down and bargain - and, all sorts of major/minor rules/subrules will be up for exchange. What emerges then will be what Congress passes and DHS enforces. Till then, DHS/USCIS might wait.

My take on the EA is that it wasn't very "Executive". It was more a shot across the bow for the Republican ship - to get them to come to the negotiating table. If you look at other EAs, they are very specific and are effective down to details. This one was more of a policy document with no concrete steps other than advising DHS to undertake rule making. Rule making does not guarantee anything and WH knows that. If the President intended to act, he could use the EA to direct effective/immediate action.

On the emotional side, we are heartbroken and frustrated with the current logjam. But my head tells me, it could be a while more before the mess is cleared up.
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