Questions Clarification and Answers about President's Executive Action on Immigration

[Waitnwait]

most of us have parents who visit us periodically. can we also include a request for a long term visa for parents ( similar to Super visa in Canada). Not sure which category it can fit into.

[Administrator2]

Originally Posted by Waitnwait

most of us have parents who visit us periodically. can we also include a request for a long term visa for parents ( similar to Super visa in Canada). Not sure which category it can fit into.

Are you suggesting creating a new visa category? Does President have the authority under the existing law to create new visa categories?

Again, we know that the system is complex which makes it difficult to understand. Please attempt to understand that what is possible or not possible, but when thinking about ideas and making suggestions, instead of just think about your own customized situation, which is also important, try asking the following questions? If the answer to these questions is yes, then it is worth exploring:

1.) Does the President have authority under the existing law to implement the suggested change?

2.) Do you know the existing or absence of the specific law which gives the President the authority to make such a chance? Or is there a legal precedence for such a change?

3.) Can you share legal arguments to justify change that will reduce burden on government, employers and immigrants? What is it?

If you know answer to these questions it would be super helpful if you are willing to provide these details. Just thinking about customized ideas to fit your own situation and everyone posting their own little comments, that is a recipe for failure. And we know, when we say something like this, someone will post that "everyone has parents, everyone wants this and you are against my parents' visa". Let me spare you the necessity to post anything like this. Get real and please talk sense. And before jumping the gun, please read the above 3 points and if your idea meets this test, then let's hear about your idea more.

[Administrator2]

Originally Posted by Raj31

I am new to this forum and after going through some of the threads I understood the effort you guys have spend so far. Thanks IV for all your hard work.

I just wanted to know if the proposed H4 EAD rule will cover the dependent child who are at college age and less 21 years? Will they get EAD and eligible for SSN?

Thanks in advance for your response.

Welcome!

H4 EAD rule is only for spouses. The rule specifically says "spousal work authorization". The minimum requirement is that the primary applicant (i.e. wife/husband) must be in US for 6 years on H1 or should have approved I-140 (immigrant) petition. So EAD for H-4 is applicable only for spouses (not for children).

However, our idea to give EAD after I-140 will give EAD to all spouse and children (above the minimum age allowed to work), which is applicable to your situation. This is part of President's Executive Action on Immigration. If all goes well then something like this could go into effect around Oct-2015.

Although everyone likes to jump on bumper sticker provisions like - EAD for H-4, which IV has championed over the years, we have more and better ideas with much wider application to larger number of immigrants (spouses and children). But these ideas will not happen by themselves. We need everyone getting more active and speaking in one voice. But as we have said gazillion times before, if people will waste time on asking for recapture and exempting dependents (which we know won't happen), then that will be waste of opportunity.

[greyhair]

Originally Posted by Murthy

Now we may safely assume that the sole purpose of these two questions 15 and 16 under
II. Ensuring Use of All Immigrant Visa Numbers is just to collect public opinions and consider them when recapure visa and not counting family become law. But present rule of unused visas is not fair rule. At present unused visas from EB1/EB5 category goes to EB2 and then to EB3. This is clearly mentioned in the existing law and we all knew how much EB3 guys got screwed up due to this. This must go away. IV must ask for fair and non-controversial rule for unused visas such as
For question 15: Any unused EB immigrant visa numbers out of total of 140,000 per
year should be issued to wait listed pre-adjudicated applicants
purely based on their PD (Priority Date) ie First Come First basis
irrespective of their race,country,religion and
EB category they belong to.

For question 16: All unused EB immigrant visa numbers of past years should be issued to
wait listed pre-adjudicated applicants purely based on their PD (Priority
Date) ie First Come First basis irrespective of their race,country,religion
and EB category they belong to.
Please note this is just my opinion.
I knew very well these rules will not happen without Congress approval as they donot exist in the present law.
What I mean is at least IV should propose these rules for unused visas.

It is difficult to read and make sense of your post. Are you saying that it won't happen but IV should ask for it anyways. Then why not ask for recapture. It won't happen either. But what's the harm in asking?

[Murthy]

Originally Posted by greyhair

It is difficult to read and make sense of your post. Are you saying that it won't happen but IV should ask for it anyways. Then why not ask for recapture. It won't happen either. But what's the harm in asking?

Dear greyhair
I mean won't happen without Congress Approval .ie I am 100% agreeing with IV opinion with EO no changes will happen for the existing unused visa rules or recapture of visas etc
Requesting IV should ask for changes in unused visa rules (how to distribute among EB) also along with other items such as recapture unused visas,do not count family members etc.
Hope I have cleared your doubts.

[rupen]

Originally Posted by Murthy

Now we may safely assume that the sole purpose of these two questions 15 and 16 under
II. Ensuring Use of All Immigrant Visa Numbers is just to collect public opinions and consider them when recapure visa and not counting family become law. But present rule of unused visas is not fair rule. At present unused visas from EB1/EB5 category goes to EB2 and then to EB3. This is clearly mentioned in the existing law and we all knew how much EB3 guys got screwed up due to this. This must go away. IV must ask for fair and non-controversial rule for unused visas such as
For question 15: Any unused EB immigrant visa numbers out of total of 140,000 per
year should be issued to wait listed pre-adjudicated applicants
purely based on their PD (Priority Date) ie First Come First basis
irrespective of their race,country,religion and
EB category they belong to.

For question 16: All unused EB immigrant visa numbers of past years should be issued to
wait listed pre-adjudicated applicants purely based on their PD (Priority
Date) ie First Come First basis irrespective of their race,country,religion
and EB category they belong to.
Please note this is just my opinion.
I knew very well these rules will not happen without Congress approval as they donot exist in the present law.
What I mean is at least IV should propose these rules for unused visas.

Your suggestions are worthy and we would like to prsue them in 2015. Please register for advocacy event and join us in dc, donate and share with ur friends. We need all help that w can get.

[Murthy]

Originally Posted by rupen

Your suggestions are worthy and we would like to prsue them in 2015. Please register for advocacy event and join us in dc, donate and share with ur friends. We need all help that w can get.

Yes I registered for the event.

[greyhair]

Originally Posted by Murthy

Dear greyhair
I mean won't happen without Congress Approval .ie I am 100% agreeing with IV opinion with EO no changes will happen for the existing unused visa rules or recapture of visas etc
Requesting IV should ask for changes in unused visa rules (how to distribute among EB) also along with other items such as recapture unused visas,do not count family members etc.
Hope I have cleared your doubts.

Asking for fix to distribution of unused EB visas numbers is a good idea if we can find the section of the law that allows it. But as Admin said, why ask for recapture and not counting dependents if that is not allowed by the existing law. Ask for something that can happen rather than asking for something that we know won't happen.

What is the harm in asking? The harm is that we waste our chance on asking for something that can happen as Admin explained above.

[Murthy]

Originally Posted by greyhair

Asking for fix to distribution of unused EB visas numbers is a good idea if we can find the section of the law that allows it. But as Admin said, why ask for recapture and not counting dependents if that is not allowed by the existing law. Ask for something that can happen rather than asking for something that we know won't happen.

What is the harm in asking? The harm is that we waste our chance on asking for something that can happen as Admin explained above.

Sorry I do not understand what you are talking. Probably you have not understood.Please be understand what Aman said. Either Visa Recapture or Do not count family members won't happen without Congress approval. ie what I am also saying We have to work on for a bill that will become law so that our main goals (Recapture unused visas and do not count family members ,remove per country quota limits and any other agenda items that IV had in their list. For this purpose only we will be having "Employment Based Green Cards Advocacy in Feb 2015. What I am suggesting is we have to ask for the change of unused visa distribution rules that exist now in the law. Do you know how bad rule we have? Definitely all EB3 AOS guys and many other EB AOS guys will love & support what I suggested. It is very fair and justified to go by PD strictly instead of present EB1/EB5 to EB2 and then EB2 to EB3. Suppose we do not ask for a change in the present bad unused visa distribution rule and we got congress approved bill that contains Visa recapture then you like first to cover all pending AOS in EB2 category then EB3 ?? So you like let EB3 guys get more & more screwed up for ever ?? Right.Excellent Thinking!!! I am very sorry to say this. First you should give justification why IV should not ask for a change in unused visa distribution rule ?? along with other items. Absolutely there is no harm including an item "Change in unused visas distribution rule" also in IV asking list. I think you may know one very popular proverb in Telugu "adagande ammayana buvva pettadu" means "Even mother will not give food if you do not ask". I am sure IV core members will understand what I am talking.

[rupen]

Originally Posted by Murthy

Yes I registered for the event.

Great. I hope others also do

[rupen]

Originally Posted by Murthy

Sorry I do not understand what you are talking. Probably you have not understood.Please be understand what Aman said. Either Visa Recapture or Do not count family members won't happen without Congress approval. ie what I am also saying We have to work on for a bill that will become law so that our main goals (Recapture unused visas and do not count family members ,remove per country quota limits and any other agenda items that IV had in their list. For this purpose only we will be having "Employment Based Green Cards Advocacy in Feb 2015. What I am suggesting is we have to ask for the change of unused visa distribution rules that exist now in the law. Do you know how bad rule we have? Definitely all EB3 AOS guys and many other EB AOS guys will love & support what I suggested. It is very fair and justified to go by PD strictly instead of present EB1/EB5 to EB2 and then EB2 to EB3. Suppose we do not ask for a change in the present bad unused visa distribution rule and we got congress approved bill that contains Visa recapture then you like first to cover all pending AOS in EB2 category then EB3 ?? So you like let EB3 guys get more & more screwed up for ever ?? Right.Excellent Thinking!!! I am very sorry to say this. First you should give justification why IV should not ask for a change in unused visa distribution rule ?? along with other items. Absolutely there is no harm including an item "Change in unused visas distribution rule" also in IV asking list. I think you may know one very popular proverb in Telugu "adagande ammayana buvva pettadu" means "Even mother will not give food if you do not ask". I am sure IV core members will understand what I am talking.

Guys, this is not the time to fight between eb2 and eb3. If recapture, dependent exemption and per country removal cones through, everthing will become current. That being said, i am also in eb3 and i understand the pain but this is the time to look at bigger items

[greyhair]

Originally Posted by Murthy

Sorry I do not understand what you are talking. Probably you have not understood.Please be understand what Aman said. Either Visa Recapture or Do not count family members won't happen without Congress approval. ie what I am also saying We have to work on for a bill that will become law so that our main goals (Recapture unused visas and do not count family members ,remove per country quota limits and any other agenda items that IV had in their list. For this purpose only we will be having "Employment Based Green Cards Advocacy in Feb 2015. What I am suggesting is we have to ask for the change of unused visa distribution rules that exist now in the law. Do you know how bad rule we have? Definitely all EB3 AOS guys and many other EB AOS guys will love & support what I suggested. It is very fair and justified to go by PD strictly instead of present EB1/EB5 to EB2 and then EB2 to EB3. Suppose we do not ask for a change in the present bad unused visa distribution rule and we got congress approved bill that contains Visa recapture then you like first to cover all pending AOS in EB2 category then EB3 ?? So you like let EB3 guys get more & more screwed up for ever ?? Right.Excellent Thinking!!! I am very sorry to say this. First you should give justification why IV should not ask for a change in unused visa distribution rule ?? along with other items. Absolutely there is no harm including an item "Change in unused visas distribution rule" also in IV asking list. I think you may know one very popular proverb in Telugu "adagande ammayana buvva pettadu" means "Even mother will not give food if you do not ask". I am sure IV core members will understand what I am talking.

Did you even read my post? I said that:

Asking for fix to distribution of unused EB visas numbers is a good idea if we can find the section of the law that allows it.

Meaning: If we can find specific part of the law, then it will strengthen our position when asking for fixing distribution of visas.

Which part of this is not clear? You probably don't have much to do on your day off from work and wanted to go on a rampage for no particular reason. So you just took off without caring much for what other guy was saying

[aashishkapoor]

Dear Administrator, Just wondering is there any thing changed since your last update on EAD for H4. Per your last update, EAD for H4 law was suppose to implement/or take effect some where in Jan 2015 and in this update you mentioned "somewhere in Oct 2015"

Can you please share updated information on this ?

Thanks so much !!

[aashishkapoor]

Originally Posted by Administrator2

Welcome!

H4 EAD rule is only for spouses. The rule specifically says "spousal work authorization". The minimum requirement is that the primary applicant (i.e. wife/husband) must be in US for 6 years on H1 or should have approved I-140 (immigrant) petition. So EAD for H-4 is applicable only for spouses (not for children).

However, our idea to give EAD after I-140 will give EAD to all spouse and children (above the minimum age allowed to work), which is applicable to your situation. This is part of President's Executive Action on Immigration. If all goes well then something like this could go into effect around Oct-2015.

Although everyone likes to jump on bumper sticker provisions like - EAD for H-4, which IV has championed over the years, we have more and better ideas with much wider application to larger number of immigrants (spouses and children). But these ideas will not happen by themselves. We need everyone getting more active and speaking in one voice. But as we have said gazillion times before, if people will waste time on asking for recapture and exempting dependents (which we know won't happen), then that will be waste of opportunity.

Dear Administrator, Just wondering is there any thing changed since your last update on EAD for H4. Per your last update, EAD for H4 law was suppose to implement/or take effect some where in Jan 2015 and in this update you mentioned "somewhere in Oct 2015"

Can you please share updated information on this ?

Thanks so much !!

[braveone]

President Obama announced Executive Action on Immigration on November 21st. You said there were specific fixes were done by the President that will give us EAD after I-140 etc.

Now government has announced this link:
https://www.federalregister.gov/arti...gration-policy

Are they asking more suggestions to give us green cards now? Can you help us understand?