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  #241 (permalink)  
Old 11-20-2014, 07:55 PM
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Originally Posted by 2008candid View Post
If this is true, it is really devastating
11/20/2014: Leaked Obama EO Plans Cause a Shock Wave and Rage in the "Legal" Foreign Workers Community

There is a report of the White House site on Obama's immigration executive action plans, which apparently has been leaked, shows that these executive action plans are practically limited to the relief of undocumented immigrants and there will be practically no relief for hightech foreign workers other than expansion of OPT programs and H-4 spouse EAD which has been stalled in the rule-making process pending this so-called Obama EO actions. We will see whether these leaked plans are indeed true White House sites. We will find out soon. Unreal!
Again, this analysis is totally wrong and we disagree. Whosoever is providing this analysis doesn't know what she/he is talking
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  #242 (permalink)  
Old 11-20-2014, 07:59 PM
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This is massively positive change for immigrants. Please do not be mired and confused by bullshit.

Here is just a handful of WINs for us.

1. Allow applicant to submit and DHS to receive Adjustment of Status application when a visa number is not available. (Will require Regulation process so it will be 6-7 months)
2. Providing clarity to current law by clearly defining "Same or Similar Occupation Classification". (Will not require Regulation, most likely through Memo)
3. Job portability so we will not have to restart green card process. Not allowed to revoke I-140
4. EAD for H-4 (Dec/Jan time frame).

We will provide a more detailed analysis soon along with all the other positive provisions in this change.

410,000 Employment Based immigrants will be directly positively impacted by these fixes. And if you add family members, the number would be more than half a million.

This is MOST SIGNIFICANT that can be done in Executive Order
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  #243 (permalink)  
Old 11-20-2014, 08:02 PM
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Sounds pretty good. I'd love to hear about #3 in particular.
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  #244 (permalink)  
Old 11-20-2014, 08:20 PM
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Quote:
Originally Posted by 2008candid View Post
If this is true, it is really devastating
11/20/2014: Leaked Obama EO Plans Cause a Shock Wave and Rage in the "Legal" Foreign Workers Community

There is a report of the White House site on Obama's immigration executive action plans, which apparently has been leaked, shows that these executive action plans are practically limited to the relief of undocumented immigrants and there will be practically no relief for hightech foreign workers other than expansion of OPT programs and H-4 spouse EAD which has been stalled in the rule-making process pending this so-called Obama EO actions. We will see whether these leaked plans are indeed true White House sites. We will find out soon. Unreal!
Sounds like a bunch of immigration lawyers pissed off about loosing their income stream from the constant H1 extensions.

Not one word about early filing and job mobility which will make the constant renewal of H1 unnecessary.
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  #245 (permalink)  
Old 11-20-2014, 08:21 PM
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There is lot to share, but again, as we kept on sharing for last 3 month, Recapture and Dependents exemption is not possible in this Executive Order.

Based on what we have honestly sharing all along, one could not have asked for more fixes that can be done without changing the law.

Everything that was possible has been done. THIS IS HUGE and will help folks stuck in current backlogs, and will help immigrants who will show up in the future.

This is a great day.

We request everyone to share this with friends and colleagues. The enthusiasm of the supports have to be many folds greater than the anger of opponents. We need everyone to go to FB, Twitter etc to express support for this positive change.

On twitter please use #ImmigrationAction
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  #246 (permalink)  
Old 11-20-2014, 08:22 PM
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Originally Posted by Administrator2 View Post
1. Allow applicant to submit and DHS to receive Adjustment of Status application when a visa number is not available. (Will require Regulation process so it will be 6-7 months)
does that mean any1 with approved I140 can file for i765 and get an EAD?????

if thats true.. wowwwwwww
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  #247 (permalink)  
Old 11-20-2014, 08:42 PM
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Quote:
Originally Posted by hil3182 View Post
I have been to a couple of advocacy day events, never posted on the forum before because the quality of the conversation on an important matter has never been so poor.

All the noise about dependent exemption and green card recapture is just that - noise. The people asking for dependent exemption know that it is impossible. The main reason they are asking is the hope it will drown out more reasonable "asks" (in DC speak) like early filing of I-485 - which not co-incidentally the noise makers are completely silent about. Other reasons exist for the noise which I will not get into.

If you are wondering who the noisemakers are, all you have to do is figure out the losers with (say) the early I-485 fix (among our other asks). Immigration lawyers are an obvious suspect, hence the sight of them crawling out of the woodwork to opine on the dubious legality of the Dependent exemption - after not hearing a peep out of them on this matter in the last decade. Tech companies are another obvious suspect, we haven't heard any of them ask for anything other than more H1-B's, back door H1-B's, recapture and Dependent exemption.

Again, it is not a coincidence, that provisions which would benefit our community that the tech companies are making a noise about are unachievable "pie in the sky" asks.

You don't hear a peep about anything that is both achievable and would benefit us.

If you genuinely are on an H1 and want to see an improvement in your situation, you better hope and pray the dependent exemption and recapture noise does not drown out our more reasonable and achievable "asks" - which is exactly what the people that prey on us want.
I think now is a good time for me to quote my ealier post and make the following point: If you are a high skilled immigrant stuck in the Gren Card line, IV is the ONLY organization out there looking after your best interests.

The lawyers are after your fees, the companies are after your cheap labor, the lobbyists are after their commission and the lawmakes either want to use you as a vote bank or use you to scare their votebank.

They will waste your time with pie in the sky completely unacheivable asks like Green Card recapture or Dependent exemption - fully knowing that these things are impossible, but doing it anyway. They do this because they want to appear to be yor friends, but actually their best interests is in watching you suffer.

If IV hadn't presented the administration with options that were acheivable, the only thing they would have heard was this "noise" about dependents exemption and visa recapture. They predictably would have said "no" to it and there would have been nothing for us.

I would like to reiterate my earlier point - IV is the ONLY organization out there looking after your best interests.

Take a moment to think about his.

If you want to support IV, the thing to do is to start a monthly reoccuring donation at donations.immigrationvoice.org at a level you are comfortable with. A new Congress is coming to town with a different political dynamic and it would be remiss of us to not test the waters by pushing for our agenda - so watch this space for the next advocacy day event and join us.
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  #248 (permalink)  
Old 11-20-2014, 08:53 PM
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Default

Quote:
Originally Posted by Administrator2 View Post
This is massively positive change for immigrants. Please do not be mired and confused by bullshit.

Here is just a handful of WINs for us.

1. Allow applicant to submit and DHS to receive Adjustment of Status application when a visa number is not available. (Will require Regulation process so it will be 6-7 months)
2. Providing clarity to current law by clearly defining "Same or Similar Occupation Classification". (Will not require Regulation, most likely through Memo)
3. Job portability so we will not have to restart green card process. Not allowed to revoke I-140
4. EAD for H-4 (Dec/Jan time frame).

We will provide a more detailed analysis soon along with all the other positive provisions in this change.

410,000 Employment Based immigrants will be directly positively impacted by these fixes. And if you add family members, the number would be more than half a million.

This is MOST SIGNIFICANT that can be done in Executive Order
Dear Aman
I am most euphoric on seeing #1. This is something I argued in these very forums many moons ago. Now to see how really it goes ..! (hope it will prove helpful enough)
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  #249 (permalink)  
Old 11-20-2014, 08:56 PM
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Time to celebrate is approaching. This is the fruit of our 9 year of hard work we will get today. It is going to be a historic moment. A lot of our items in the ask list for admin fix have been accepted. A very BIG WIN for Immigrationvoice today. We were at White House twice today for final meetings and we are very excited.
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Last edited by pappu; 11-20-2014 at 09:51 PM.
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  #250 (permalink)  
Old 11-20-2014, 09:43 PM
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Dear Friends,

We are pleased to announce that after almost 9 years of hard work on the issue of skilled immigration backlogs, we finally have good news to report. The Obama administration has issued an administrative order with reforms to both skilled immigration and other areas where reform was long overdue.

Going forward, it will be easier to use a new provision called “Pre-Register” where employees who have approved labor and I-140 would be able to gain benefits of adjustment of status even when the dates are not current. This has been, by far, the most sought after and in-demand provision for us in last 9 years. Skilled employees would be able to switch jobs, apply for EAD and advance parole and also not have to worry about the new job being the same or similar, as the new administrative order liberalizes the definition of what constitutes same or similar job. In addition to this, the administration is making it possible to port the green-card petition from one employer to another so that applicants do not have to start with labor certification again should their employment end after they are quite far along in the process.

Spouses who are on H-4 visa would be able to apply for work permit and receive EAD via the proposed H-4 EAD rule. Additionally, they will also qualify for an EAD through the pre-registration step with primary applicant of green-card process. This will make life easier for thousands of skilled family members who get left out of opportunities due to H1B quota restrictions.

We stood up for ourselves and started this organization 9 years ago with this goal. Other than additional visa numbers, every single one of our ask-list items has been included in the administrative reform. This has not been easy and it has not been automatic. Democracy operates slowly and certainly for those who stand up for themselves and speak out. This is the fruit of almost a decade of hard work of our organization and the members who’ve dedicated to this cause whole-heartedly, spent enormous amounts of money and stormed the DC policy circles even when there was a smallest ray of hope. We had a silver lining of hope with H.R. 3012, and now, today, we have bright sunny future ahead of us.

One final note, before we start celebrating, we have to be savvy and bold about this issue. We have to speak positively about this with social media, press, policy makers, friends, colleagues and everyone we discuss this with. Please do not get mired into the politically radioactive issue of undocumented immigrants who are also getting a well-deserved relief tonight. They are our brothers and sisters in this struggle and they deserve a break from congressional gridlock too. After all, when their family is hungry, they do not have the luxury of pontificating about the Hastert rule and Senate cloture motion requirements. They needed a break. So did we. And we got it.

With warm regards,
Aman Kapoor
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  #251 (permalink)  
Old 11-20-2014, 09:43 PM
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Dear Friends,

We are pleased to announce that after almost 9 years of hard work on the issue of skilled immigration backlogs, we finally have good news to report. The Obama administration has issued an administrative order with reforms to both skilled immigration and other areas where reform was long overdue.

Going forward, it will be easier to use a new provision called “Pre-Register” where employees who have approved labor and I-140 would be able to gain benefits of adjustment of status even when the dates are not current. This has been, by far, the most sought after and in-demand provision for us in last 9 years. Skilled employees would be able to switch jobs, apply for EAD and advance parole and also not have to worry about the new job being the same or similar, as the new administrative order liberalizes the definition of what constitutes same or similar job. In addition to this, the administration is making it possible to port the green-card petition from one employer to another so that applicants do not have to start with labor certification again should their employment end after they are quite far along in the process.

Spouses who are on H-4 visa would be able to apply for work permit and receive EAD via the proposed H-4 EAD rule. Additionally, they will also qualify for an EAD through the pre-registration step with primary applicant of green-card process. This will make life easier for thousands of skilled family members who get left out of opportunities due to H1B quota restrictions.

We stood up for ourselves and started this organization 9 years ago with this goal. Other than additional visa numbers, every single one of our ask-list items has been included in the administrative reform. This has not been easy and it has not been automatic. Democracy operates slowly and certainly for those who stand up for themselves and speak out. This is the fruit of almost a decade of hard work of our organization and the members who’ve dedicated to this cause whole-heartedly, spent enormous amounts of money and stormed the DC policy circles even when there was a smallest ray of hope. We had a silver lining of hope with H.R. 3012, and now, today, we have bright sunny future ahead of us.

One final note, before we start celebrating, we have to be savvy and bold about this issue. We have to speak positively about this with social media, press, policy makers, friends, colleagues and everyone we discuss this with. Please do not get mired into the politically radioactive issue of undocumented immigrants who are also getting a well-deserved relief tonight. They are our brothers and sisters in this struggle and they deserve a break from congressional gridlock too. After all, when their family is hungry, they do not have the luxury of pontificating about the Hastert rule and Senate cloture motion requirements. They needed a break. So did we. And we got it.

With warm regards,
Aman Kapoor
__________________
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  #252 (permalink)  
Old 11-20-2014, 09:56 PM
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Great job everyone involved in this. Thanks for your hardwork. May be i am trying to be greedy but is there a chance that DHS brings all the dates current for a month or so while they work on rule making process?
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  #253 (permalink)  
Old 11-20-2014, 10:26 PM
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Default Thank you

Thank you everyone who worked on this. It is time to celebrate for many of my friends who missed 2007 . Hope this acts as a catalyst for Congress to pass comprehensive bill.
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  #254 (permalink)  
Old 11-20-2014, 10:46 PM
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Awesome news!!!

One of our friends just texted us that she is ecstatic - she's running out of our OPT, did not get through H1 lottery and was gonna loose her job. Her husband's GC is post I-140 so there is hope for her to stay employed.

Q) Can you please confirm if the following included? This will benefit my family as I can port my EB3-'05 date w/ my wife's EB2-'11.

'Allow porting of Priority Date between primary applicant's Employment Based green card petition and Spouse's Employment Based green card.'
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  #255 (permalink)  
Old 11-20-2014, 10:59 PM
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Aman and team: we appreciate all the hard work you guys have put in over the years to make this happen. We owe much gratitude to you all. I personally have been to an advocacy event and have witnessed first hand the work you do. Congrats on this win.

I do want to humbly question if this is too little though (not because of your efforts, but in spite of them). Obama effectively gave a path for all *undocumented* immigrants to become legal and live in this country and enjoy the freedom to change jobs, travel, start businesses, and in all, live a stress-free life when it comes to matters of immigration. He clearly had the executive power to pull this off legally.

As a compassionate person, I am happy for all undocumented immigrants. Their struggle is no less important than ours, irrespective of how they entered this country.

However, from your posts earlier, you said it is not legally possible through an admin fix for the President to remove per-country caps, exclude dependents, provide a path for STEM graduates to obtain green cards, and many other common-sense benefits. That this would require an act of Congress. It honestly doesn't make sense to me. The president can pull off what he did for the illegals but doesn't have the authority or power to tweak a few common sense fixes for a a smaller but equally deserving minority of skilled immigrants?

I have mixed feelings today. I am glad about this win but simultaneously disappointed that we, the skilled, the educated, the (high) tax-paying, the law-abiding immigrants yet again will be mired in a wait of many years to experience true "freedom", if you will.

I understand this is a political, vote bank issue as much as it is about doing the right thing.

I do realize there is nothing one can do other than greater advocacy efforts but would love to hear your thoughts as you are closest to the heart of this.
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