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  #1 (permalink)  
Old 11-23-2014, 10:42 AM
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Default Questions Clarification and Answers about President's Executive Action on Immigration

Please post all questions and clarification request about President's Executive Action on Immigration on this thread.

For the purpose of relevance of this thread and discussion, couple of points:
  1. This thread is only for clarifications and questions to better understand and create awareness for President's Executive Action on Immigration
  2. Please DO NOT post individual immigration case questions.
  3. If anyone creates a fake ID and try to use IV forum to attack President's Executive Action on Immigration, undocumented, or any other provision, we will be left with no option but to ban that fake ID.
  4. We will do our best to provide clarification on possible changes from President's Executive Action on Immigration. However before posting a question, please read this thread and search if the questions is already posted and answered. Repeating the same question will not change the answer and repeating question will not make a policy change.
  5. We will provide clarification about the possible changes. There is no need to argue or attack anyone if you don't like the answer. It is what it is.

Hope this thread will help everyone seeking answers.

Thank you,
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  #2 (permalink)  
Old 11-23-2014, 10:49 AM
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Question 1:
A lawyer is pretty confident that recapture is under consideration as part of the "Visa Modernization" program

Answer 1:
This is NOT true. Please DO NOT fall for misinformation. Some folks just want you to waste your time online and visit their websites. We suggest that you please NOT waste time on online forums. We have repeatedly try to tell you the truth for over 6 months that recapture CANNOT be done with Executive Order. Recapture requires act of Congress and only Congress can change the law.

Here is related post from 4 months back.
Possible Administrative Fixes - Filtering facts from fiction - Immigration Voice (Possible Administrative Fixes - Filtering facts from fiction)

Immigration Voice also asked for recapture of unused green cards. But we know that this cannot be done without changing or breaking the existing law. Recapture can be done only by act of Congress and with the help of our our members we will continue to create awareness for Recapturing of unused visas with Congress.

Question 2:
I see the following Action items at Executive Actions on Immigration | USCIS under
(4) Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs

• Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.

• Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.

• Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.

Does this Modernize Visa program means ‘Recapture”

Answer 2:
No. Please see the response to Question 1 above.

Last edited by Administrator2; 11-23-2014 at 11:39 AM.
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  #3 (permalink)  
Old 11-23-2014, 11:03 AM
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Question 1:
There were countless media reports and many lawyers were telling online that EB dependents can be made exempt from visa count. Is this part of President’s Action on Immigration?

Answer 1:
We believe that media reports could have been planted by special interests that were trying to create diversion from the possibility of any real change. Based on the current law and legislative history, all along we believed that EB dependents CANNOT be exempt from EB visa count. And we repeatedly tried to share this information. No matter how much we all want more green cards, please do not believe anything that you see in the media. It is easy to be carried away when you see something that we want. But for our good, we are responsible towards ourselves to filter out facts from bullshit.

Please read this thread/post posted four (4) months back:
Possible Administrative Fixes - Filtering facts from fiction - Immigration Voice - Post dated 18th August 2014 (Possible Administrative Fixes - Filtering facts from fiction)

Possible Administrative Fixes - Filtering facts from fiction - Immigration Voice - Post dated 24th August 2014 (Possible Administrative Fixes - Filtering facts from fiction)

No matter what some lawyer's opinion says, EB dependents CANNOT be made exempt from EB visa count. Every lawyer has her/his opinion. It doesn't matter what the opinion of some lawyer is. What matters is whether or not we can see though the reality over lots of useless legal jargon.

Immigration Voice would do anything within legal means to get more green cards and ask for exemptions from numerical limit. We did our share to ask for exempting dependents and will continue to do so with Congress in the future. But as the law stands currently, this specific suggestion is not part of President’s Action on Immigration.

Last edited by Administrator2; 11-23-2014 at 11:23 AM.
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  #4 (permalink)  
Old 11-23-2014, 11:03 AM
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Question 1:
I see the following Action items at Executive Actions on Immigration | USCIS under
(4) Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs. What is the meaning of each of these bullet points:
a.) Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.
b.) Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
c.) Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.

Answer 1:

"Question 1 (a.)" means to work on fixing the system so no visa number is wasted IN THE FUTURE. This is NOT related to recapture of unused green cards from the previous years.

"Question 1 (b.)" means streamlining of Visa Bulletin so demand and available visas are calculated more accurately. such the visas are not wasted in the future.

"Question 1 (c.)" This is related to Immigration Voice provision for clarity with 'Same or Similar occupation clarification'. This fix will allow changing employer and jobs so that you will not longer have to stick with the same job title for decades (as under the earlier system). This fix is extremely important as it will give us job mobility and change job titles and employers as long as we are in the "same or similar occupation classification" meaning for example - if your green card petition was filed as "Programmer Analyst", with EAD you will now be able to change job to "Senior Programmer", "Manager", "Vice President" or whatever in your field. In short this means freedom to do the type of work you are potentially capable of doing and not be restricted by some artificial or arcane provision that was being used by large number of employers to game the system and for employee retention. This fix will allow you to live a free professional life.

Last edited by Administrator2; 11-23-2014 at 12:46 PM.
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  #5 (permalink)  
Old 11-23-2014, 11:03 AM
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Question 1:
IV said that the system will allow filing Adjustment of Status when the visa number if no available. But there is no mention of this on USCIS Website

Answer 1:
Filing Adjustment of Status when the visa number is not available will require change in regulation. That is why this is not part of what is not available online, but we believe that it will be soon. Every fix that is being made has not been fully announced. IV have been advocating for this change since 2006.


Question 2:
Then what is IV's source of information?

Answer 2:
White House conducted briefings on 20th November prior to making the announcement about the Executive Action. At two (2) of these briefings, IV learned about this fix 'to allow filing Adjustment of status when the visa number is not available'.


Question 3:
What is the timeline for this fix?

Answer 3:
Usually regulations take 8-12 months. However, since this is priority of the President, this regulation is expected to take effect within 6-7 months. We shared this information about the timeline with the initial announcement on the 20th November.

Question 4:
Why does it 6-7 months long time to do this regulation?

Answer 3:
Federal Regulations have its process. If you are interested then here is a information available on FederalRegister.gov
Apart from this process, DHS and USCIS will also undergo internal process change, change in the forms, internal publications, training of personnel, new hiring background checks and new hire training of the staff and many other logistical aspects to implement the change. This is applicable to any change in the process.

Even when a bill passes the Congress, the effective date of any change is always a future date, usually from next fiscal year of the Agency that allows the agency the time to restructure train and adjust systems to implement the change.

So 6-7 months is a short and quick time when you look at amount of background work needed to implement change at the agency level.

Question 5:
What will be fixed in regulation?

Answer 5:
Regulation will define the meaning of ‘Immediately available’ visa number as mentioned in 1255(a). It will then make it possible to allow filing adjustment of status (I-485 application).

Last edited by Administrator2; 11-23-2014 at 12:26 PM.
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  #6 (permalink)  
Old 11-23-2014, 11:03 AM
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Question 1:
Where is the meaning of the following on White House website:
"Expanding work authorization for High skilled workers who are in Line for Green card"

http://www.whitehouse.gov/share/info...gration-system

Answer 1:
We believe that this is about one of IV's ask for allowing EAD and AP after approval of I-140 so EB applicants can change employer without risking pending green card petition. EB applicants will be able to file I-485 from a employer that is different from the original petitioning employer.

This will allow EB applicants to change employer and immigrants will not be beholden to the employer due to long green card backlogs.

Last edited by Administrator2; 11-23-2014 at 12:05 PM.
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  #7 (permalink)  
Old 11-23-2014, 11:04 AM
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Question 1:
I had filed adjustment of status many years back. How will this Executive Order help me?

Answer 1:
We understand that for you to graduate to receiving Green Card, you need a visa number. The President cannot add green card numbers through Executive Order. Regardless of all misleading media articles suggesting otherwise, the fact cannot change. It will require passing a bill and act of Congress to increase green cards. The administration understands the pain of waiting for green card number and is sincere about helping with this situation.

Most people want green card to get stability and ability to change jobs or start a business. With the clarity with 'Same or Similar occupation clarification', it will be possible to live a free life and change employer or jobs or jobs titles and even allow you to start your own company. This change may sound simple but we believe that it will significantly change the lives of those with pending Adjustment of status application.

Please see Executive Action on Immigration | USCIS
Quote:
Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.
Yes, it will require Congress to pass a bill to increase or capture green cards, and exempt dependents, but the fixes will help resolve most of the quality of life issues that we have to face as an outcome of the green card backlogs.

We need your help to fix green card backlogs. As you can see advocacy is slow, but it works. We will need your help with the next Congress to pass a bill. Our analysis is that there will be an opportunity to pass a bill in 2015. And if you want to make the difference, we request you to participate in the advocacy event in Washington DC.

Last edited by Administrator2; 11-23-2014 at 12:57 PM.
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  #8 (permalink)  
Old 11-23-2014, 12:45 PM
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Post Need Clairification

Quote:
Originally Posted by Administrator2 View Post
Please post all questions and clarification request about President's Executive Action on Immigration on this thread.

For the purpose of relevance of this thread and discussion, couple of points:
  1. This thread is only for clarifications and questions to better understand and create awareness for President's Executive Action on Immigration
  2. Please DO NOT post individual immigration case questions.
  3. If anyone creates a fake ID and try to use IV forum to attack President's Executive Action on Immigration, undocumented, or any other provision, we will be left with no option but to ban that fake ID.
  4. We will do our best to provide clarification on possible changes from President's Executive Action on Immigration. However before posting a question, please read this thread and search if the questions is already posted and answered. Repeating the same question will not change the answer and repeating question will not make a policy change.
  5. We will provide clarification about the possible changes. There is no need to argue or attack anyone if you don't like the answer. It is what it is.

Hope this thread will help everyone seeking answers.

Thank you,
Dear Aman
Thank you very much for starting this thread for clarifications on EO.
Can you please confirm whether item (8) of your e-mail on Update on Administrative Fixes has a provision in the EO.
ie Grant automatic extensions for 240 days of Work Authorization and Advance Parole if extension was filed prior to expiry of Work Authorization or Advance Parole.

This would be very great beneficial for EB guys stuck in backlog.

Thanks in Advance.
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  #9 (permalink)  
Old 11-23-2014, 01:14 PM
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Which of the provisions which affects legal immigration introduced in executive action has the potential to be overruled or delayed if and when congress finally gets down to pass bill?

I understand that they are long way off from such a time and most of the provisions affecting legal immigration has broad support among both parties, but its still a possibility that they may play politics and tag these to border security and delay these changes.
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  #10 (permalink)  
Old 11-23-2014, 01:19 PM
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Quote:
Originally Posted by Murthy View Post
Dear Aman
Thank you very much for starting this thread for clarifications on EO.
Can you please confirm whether item (8) of your e-mail on Update on Administrative Fixes has a provision in the EO.
ie Grant automatic extensions for 240 days of Work Authorization and Advance Parole if extension was filed prior to expiry of Work Authorization or Advance Parole.

This would be very great beneficial for EB guys stuck in backlog.

Thanks in Advance.
Thanks for asking this question. This specific provision is very important for us because unless Congress passes a bill soon, a lot of us will depend on EAD and AP for sometime. Which is why, automatic extensions of EAD and AP is so vital for us.

At this time we believe that the Executive Order does not include this specific provisions. However, after the Executive order, there will be one large or many small "Presidential Memorandum(s)" will be issued. Many of the smaller fixes will be done in Presidential Memorandum or PM as you will start hearing about this term soon.

But again, this won't happen automatically or posting messages online or on twitter or FB. And worst of all, DO NOT waste your time creating petition or voting on change.org if you cannot get 100,000 signatures because that makes our issue look week. So do not sign or encourage change.org petition. And if we did not already say enough -

PLEASE STOP WASTING TIME ON IMMIGRATION FORUMS OR POSTING LINKS TO NEWS ARTICLES BECAUSE MOST OF THESE ARTICLES ARE PLANTED BY SPECIAL INTEREST

Rather invest time in actual advocacy, meeting with local office of your Senators and House member. It is very easy. Just search for their phone number online and call their office to setup an appointment. And please participate in IV Advocacy event in DC. We are planning for an advocacy event in DC in February. Will share more details in the coming days and weeks.
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  #11 (permalink)  
Old 11-23-2014, 01:33 PM
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Quote:
Originally Posted by penguin1980 View Post
Which of the provisions which affects legal immigration introduced in executive action has the potential to be overruled or delayed if and when congress finally gets down to pass bill?

I understand that they are long way off from such a time and most of the provisions affecting legal immigration has broad support among both parties, but its still a possibility that they may play politics and tag these to border security and delay these changes.
Thanks for asking this question. You might be surprised to know that tech companies are not happy that their employees will now be able to change employer. For long time, using hired guns, slimy lawyers, army of lobbyists and hit-men, companies had twisted and bent the law to favor the employer. Many immigration lawyers also joined the band-wagon creating a powerful employer-immigration lawyer cartel/nexus to exploit immigrant employee and discriminate against Americans. Overcoming this nexus is not easy. But we did.

Obviously, tech companies and large number of immigration lawyers are not happy with losing grip over employees and immigrants. In the upcoming bills in next Congress, companies will try to reverse these changes that give immigrants more freedom to live their lives. It will be upon immigrants to defend their own freedom.

When it comes to advocacy, we believe that immigration lawyers or their association doesn't represent immigrants' interest. They represent just themselves and how they can make more money.

When it comes to advocacy, companies and their trade associations just represent themselves and not their employees. They just do bend the law so companies can make more money, even at the expense of their employees.

These groups will try to change the law in the next bill. And immigrants and US workers will have to defend such change.

All the provisions/fixes done by Executive order on sound legal ground and cannot be challenged in terms of legality. But watch-out for the bills in next Congress. And please don't be fooled by the broad support for legal immigration from both parties because details matter and most of these changes are very nuanced and technical, and the companies have been successful in selling crap wrapped in glassy paper. And the proof is - the current immigration backlog.
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  #12 (permalink)  
Old 11-23-2014, 01:52 PM
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Default I-140 ead

Thank you so much for clarifying doubts. I have couple of questions:

1. I understand from the language of H-4 EAD rule making that it would be applicable for immigrants who have been in US for more than 6 years or have their I-140 approved and waiting to file for I-485. With new provision of being able to get EAD after filing for I-140, I see that H-4 EAD is redundant. Is there something I am missing?


2. Lot of folks have moved jobs after their I-140 has been approved. Would administration consider any previously filed and approved I-140 for purposes of giving an EAD or the one attached to current job of the applicant.


3. Would this employment based EAD come with AP?


4. After getting employment based EAD, is it required for a person to maintain H1B? Can a person start a start up on EAD without jeopardizing Green Card process ?
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  #13 (permalink)  
Old 11-23-2014, 02:15 PM
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Quote:
Originally Posted by sachuin23 View Post
1. I understand from the language of H-4 EAD rule making that it would be applicable for immigrants who have been in US for more than 6 years or have their I-140 approved and waiting to file for I-485. With new provision of being able to get EAD after filing for I-140, I see that H-4 EAD is redundant. Is there something I am missing?
It has different purpose.

EAD for H-4 has been in the works since beginning of 2014. This is specifically for spouse.

EAD after I-140 is aimed at giving job mobility for primary applicant. Although spouse can also get EAD after the approval of I-140 of primary applicant. Also, after I-140, primary applicants and spouse and dependents will get AP as well.


Quote:
Originally Posted by sachuin23 View Post
2. Lot of folks have moved jobs after their I-140 has been approved. Would administration consider any previously filed and approved I-140 for purposes of giving an EAD or the one attached to current job of the applicant.
Not sure on this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.

Quote:
Originally Posted by sachuin23 View Post
3. Would this employment based EAD come with AP?
Yes, we had proposed EAD and AP after I-140. Still need to look for final language for this fix. We are told that this has been taken care, both EAD + AP, but need to see the official language.

Quote:
Originally Posted by sachuin23 View Post
4. After getting employment based EAD, is it required for a person to maintain H1B? Can a person start a start up on EAD without jeopardizing Green Card process ?
No, after getting EAD, one is not required to maintain H1 status. Yes, the GC application and status will not be affected even if you use EAD or AP after I-140. The fix will allow you to change employer using EAD after I-140 and file I-485 from another employer.

Last edited by Administrator2; 11-23-2014 at 02:20 PM.
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  #14 (permalink)  
Old 11-23-2014, 02:53 PM
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Hi,

Is there any discussion around (or possibility of) bringing priority dates current while rule making is under process? I saw that was one of IV's ask list.

When DACA was announced in 2012, applicants were allowed to file for EAD within 2 months of announcement. Was there some special rule making or shortcut used at that time?

Thanks,
Tarang
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Old 11-23-2014, 03:02 PM
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Originally Posted by Administrator2 View Post
It has different purpose.

EAD for H-4 has been in the works since beginning of 2014. This is specifically for spouse.

EAD after I-140 is aimed at giving job mobility for primary applicant. Although spouse can also get EAD after the approval of I-140 of primary applicant. Also, after I-140, primary applicants and spouse and dependents will get AP as well.




Not sure on this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.



Yes, we had proposed EAD and AP after I-140. Still need to look for final language for this fix. We are told that this has been taken care, both EAD + AP, but need to see the official language.



No, after getting EAD, one is not required to maintain H1 status. Yes, the GC application and status will not be affected even if you use EAD or AP after I-140. The fix will allow you to change employer using EAD after I-140 and file I-485 from another employer.
Thanks for clarification and for all the hard work IV core has put into this effort. Kudos!
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