Immigration Reform

[maverick41]

Your employer can request a 3 year extension based on an approved I-140 ( even after 6 years on an H1-B) . However its up to USCIS to give you a 1 year or 3 year extension. I would wait till you get your I-797 and look at the expiration date before proceeding to the next step.

 

That is correct, you are considered on lawful status (valid non-immigrant status) when waiting on extension approval. However your new employer would need a copy of the approved I797 or the receipt number (EAC, WC #)  to file an H1 petition (i129)  on your behalf.

 

The I-485 is not a factor. The only downside of moving to a new employer is having to file PERM again and making sure that the old employer does not take the extreme step of revoking your I140 which could prevent porting the priority date. 

[maverick41]

7/22/13 "House Republican leaders will test this week whether rank-and-file GOP lawmakers are willing to rally around creating a path to citizenship for a subset of people in the U.S. illegally: those brought to the country as children."

(Source: Wall Street Journal) 

 

To be held tomorrow (7/23/13) 

Subcommittee on Immigration and Border Security

2:00 p.m. in 2141 Rayburn House Office Buildling

Subject: Addressing the Immigration Status of Illegal Immigrants Brought to the United States as Children

 

[gretchen]

Thanks, Maverick. :)

[gretchen]

Maverick, another question. If the new job is EB2 which is 'current', is my interpretation correct that porting of priority date would not be significant.? 

[maverick41]

That is correct, porting of your priority date is only needed if EB2 for your country is not current. Good luck!

[maverick41]

"Top House Republicans made clear Tuesday that they would pursue a different legalization track for undocumented immigrant children – a strategy that could infuriate Democrats and reform advocates who are calling for a broader approach.

Those sentiments were outlined in a Tuesday hearing held specifically to examine the plight of children brought illegally into the United States by their parents. It was a session that hosted witnesses sympathetic to those immigrants and marked the first opportunity for House lawmakers to focus solely on the issue."

(Source: Politico)

[gretchen]

Does this mean that after getting an approved I-140, the 6-yr rule does not apply anymore, and I can transfer employment even 2-3 times till visa number become current? Thanks!

[maverick41]

That is correct you can change jobs 2-3 times as long as you find an employer willing to file your H1 petition. The 6 year rule does not apply since you have an approved I-140 and you are not able to file your I485 because the priority date is not current. 

[maverick41]

Statement of Judiciary Committee Chairman Bob Goodlatte Immigration and Border Security Subcommittee Hearing
“Addressing the Immigration Status of Illegal Immigrants Brought to the United States as Children”

 

http://judiciary.house.gov/news/2013/07232013%20Statement.html

 

 

[GNH]

The House will likely not pass the immigration bill. And of it does not pass this year then forget about it next year as it is an election year. The whole thing is a farce.

[permaudit]

Any new updates on whats going on with the bill? Any chances of it getting passed or has it faded away?

[rahul412]

Any new updates on whats going on with the bill? Any chances of it getting passed or has it faded away?

Are you still hoping that this will pass? Just enjoy your work and forget about this, it's just a play.

[maverick41]

News reports indicate that senators (like Schumer) are now open to a piecemeal approach to immigration reform. I won't be surprised if we start seeing movement on the DREAM act (house members passed a version in 2010) and the STEM jobs act (out of the house judiciary committee) after summer recess.

 

We will just have to wait and watch to see if these bills come to the floor of the house for a vote after summer recess. To answer your question- looks like there is little hope in the battle for "comprehensive" immigration reform.

[maverick41]

This is to correct what I said about the DREAM act.  House leaders are considering their own version of the Dream Act which would create a path to citizenship for some children brought to the US illegally. The bill is being drafted by Eric Cantor and Bob Goodlate.

 

These are just my thoughts on what i think is the strategy of Eric Cantor and other house republican leaders---The Republicans need to come out of this not looking anti-immigrant or inconsiderate to the millions already here. At the same time they also need to make sure their base and the private industry/financial backers are happy. So the ways to achieve this is by:

 

1) Passing a version of the DREAM act. After all who can blame the children who were brought here illegally. This way one segment of the undocumented population will now attain legal status.

 

2) Passing the STEM jobs act. Most republicans are okay with a faster track for permanent residency and citizenship for individuals working in STEM fields or with advanced degrees in STEM fields. This may also placate the tech industry and pro immigration reform advocates like FWD.us

 

3) Block any attempts to provide a pathway to citizenship for undocumented individuals in the US. The republican base and groups like NumbersUSA should be pleased with that outcome.

 

 

 

[hornofgondor]

As to why, we are not seeing any movement with the bill - the house of representatives is currently in a month long recess. We will probably see some movement after this month.

[learner2009]

Any updates ?

[catx]

Any updates ?

 

While the Congress is back from their August summer recess, as widely reported they are not going to be taking up any immigration reform until October at the earliest with the Syria situation / issues (which at least look to be easing off a bit with respect to Congress) and more notably the government funding continuing resolution 'debate' (fight).  Further, Congress (the House of Representatives) only has a few working days left this month.

[BATHIJA]

the immigration reform will be introduced today in the house . any idea if this has anything for high skilled  workers or is it just focused on the path to citizenship for illegal immigrants ?

 

[catx]

the immigration reform will be introduced today in the house . any idea if this has anything for high skilled  workers or is it just focused on the path to citizenship for illegal immigrants ?

 

I assume you are referring to the immigration 'reform' bill that Nancy Pelosi has been supposedly working on.  I read that this will be a politically left leaning bill, and thus focus on undocumented aliens.  There are even a couple well known immigration reform Democrates (one of who is Zoe Lofgren, who represents the Silicon Valley area and has introduced numerous well thought-out immigration reform bills over the years) that are not in support of this bill.  In other words, given the government shutdown, continuing resolution and budget issues between the parties, etc. this bill would be a non-starter, and is essentially political theater.

[maverick41]

H.R 15 is very similar to the Senate Gang of 8's bill. According to many it is an attempt to keep the immigration reform debate alive. We will have to wait to see what happens by the end of the year. The March for Immigration Reform (Camino Americano: March for Dignity and Respect) is happening in DC today. Sen. Robert Menendez (D-NJ) and Democratic Leader Nancy Pelosi (D-CA) and Rep. Luis Gutierrez (D-IL) will be joined by 30 members of Congress, civil rights leader Julian Bond, high-ranking labor, immigration reform and faith leaders. Since I work in DC I might go and listen to the speeches during my lunch break :)

 

Jennifer Rubin, Washington Post:

"Critics saw the Democrats’ bill as a political ploy to pressure Republicans and show groups advocating for a new immigration law that Democrats are fighting for one. The House Republicans vowed to keep up with their piecemeal approach, with the speaker’s spokesman promising, “Once Washington Democrats allow us to reopen the federal government, House Republicans will continue to work on common-sense, step-by-step reforms to our broken immigration system.”

 

And Rep. Cathy McMorris Rodgers, the chairwoman of the House Republican Conference, was even more emphatic according to a Politico report, telling Univision. “I believe that we have a window here between now and the end of the  year and that this is a priority. . . . We must pass immigration reform. It’s a priority for Republicans, for Democrats. There’s a  recognition that it’s important to America. It’s important to our economy.  America has long been the land of immigrants.”

[Desi Dude]

It seems there is only one party standing between Americans and millions of illegal immigrants - Tea Party.

[hornofgondor]

This is it. According to Rep. Diaz-Balart, immigration reform may not happen during this Congress and the foreseeable future. I do not want to accept this, but I think immigration reform is dead.

[maverick41]

Yep, it does look like the "comprehensive" immigration reform train has come to a halt but there are signs that we may see the House passing immigration related bills. I won't be surprised if the House Republicans try and resurrect or come with newer versions of the following republican sponsored 2013 bills:

 

H.R. 1417: Border Security Results Act of 2013

To require the Secretary of Homeland Security to develop a comprehensive strategy to gain and maintain operational control of the international borders of the United States, and for other purposes.

 

H.R. 1773: AG Act

To create a non-immigrant H-2C work visa program for agricultural workers, and for other purposes.

 

H.R. 633: Fairness for High-Skilled Immigrants Act of 2013

To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes

 

H.R. 2131: SKILLS Visa Act

To amend the Immigration and Nationality Act to enhance American competitiveness through the encouragement of high-skilled immigration, and for other purposes.

 

----------

Rep. Walden (R-Ore.), the lawmaker tasked with electing Republicans to the House, said Friday his chamber will act on immigration reform before the 2014 midterm elections. 

 

Keeping in line with GOP leadership, the chairman of the National Republican Congressional Committee said the House will pursue a piecemeal approach, but it will not go to conference on the Senate's comprehensive bill or take up similar legislation introduced by House Democrats.

 

"Between now and the election I think the House will take up immigration in a piece-by-piece approach," Walden told reporters at a breakfast sponsored by the Christian Science Monitor.

(Source: HuffPost)

[catx]

 

Yep, it does look like the "comprehensive" immigration reform train has come to a halt but there are signs that we may see the House passing immigration related bills. I won't be surprised if the House Republicans try and resurrect or come with newer versions of the following republican sponsored 2013 bills:

 

What you say may come true, but given what House Speaker John Boehner said on Wednesday (November 13) ... “we have no intention of ever going to conference on the Senate bill [s. 744]", it would seem -- as widely reported -- that immigration reform (comprehensive, piecemeal, or otherwise) in this Congress is coming (has come) to a halt.  The political observations are that Republicans (right wing) do not want any immigration reform (and that is why they have been (very) slow walking immigration bills in the House), and with the issues with the Affordable Care Act (so-called "Obamacare") creating growing problems for the Democrats, the pressure is off the Republicans on immigration reform.

 

Like anything political, a lot can change between now and the mid-term elections next November (2014).  The best hope for immigration reform is that the Affordable Car Act start working and become seen as generally positive, then the pressure will swing back to Republicans on immigration.

[maverick41]

Good points, Catx. I agree that the focus has to shift from ACA or the democrats have to flip the House in 2014.