Executive Action


spkumar01

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As far I see, there is nothing in executive order for green cards.  Most of the concrete and time bound actions are for people here illegally.  There is some mention of improving process to make life easier for people waiting for employment based green card but there is no time frame defined for it. It will have to be done by regulation process which can take a long time, for example, EAD for H4 has been in the rule make process for around 2 years now and it might get implemented in Jan-March 2015 as per reports from AILA.  The rest of the things for legals is pretty much undefined now.  The visa numbers for employment based categories could not be increased via re-capture as law does not allow it but it is very ironical that the law allows for favorable interpretation for those who broke it.  Ideal case would have been win win for everybody but unfortunately it is not so.  

Another interesting thing I noted is that suppose one come here legally on H1 permit with a 9 year old child and within a year starts the permanent residency process.  If the person now has been waiting for 8-9 years and that persons son is in college and doing internship somewhere, the child cannot get paid and is not allowed to work.  Now assume at the same time a person came here illegally with a 9 year old child, that child can now get a work permit.  If the H1 guy has to wait for another 4 years, then his son will have to shift to another immigrant category and start the green card process from fresh.  While the child of illegal immigrant, once given the permit, work get permanent residency when the immigration reform is passed eventually.  

Hopefully congress will pass a bi-partisan bill for benefit of high skill immigrants next year, a comprehensive bill would have been best but it looks very hard

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The Republicans in the House could pass a comprehensive bill right now. The Senate passed it already.

In next year's Congress, a comprehensive bill would have to start over from scratch. Unlikely to happen.

So, realistically, it is this executive action or nothing.

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