Attorney_23 Posted November 21, 2014 Report Share Posted November 21, 2014 The entire nation is talking about President Obama's proposal to address various key immigration problems via executive action. Although details are still coming in from the USCIS and the White House, we do have some information, and the attorneys at the Murthy Law Firm will be happy to answer your questions here to extent that we can. Note that the Murthy Law Firm is aware that MurthyDotCom is experiencing slow-downs due to the heavy traffic, and we are in the process of addressing this issue. In the meantime, we further recommend that you subscribe to the free MurthyBulletin, which we will be using to provide updated details on the president's plans. RULES FOR TOPIC OF THE WEEK THREADS: Attorney’s postings contain general information only and are not a substitute for case-specific legal advice. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. Please do not include information that would identify any specific company, university, or individual (including yourself). Link to comment
mohanbabu400 Posted November 21, 2014 Report Share Posted November 21, 2014 Would you please share more on part E of http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf? Link to comment
chat_tsn2 Posted November 21, 2014 Report Share Posted November 21, 2014 So far a confusing picture is presented for High Skilled Legal Immigration . This post clearly says some good things: https://www.**************.com/*********** However when I read this notice on DHS website, I only see guidelines has been issued, no straightforward orders. Which means it really depends on DHS and USCIS to make policies and decide timelines. it could take months or years and may well be cancelled if next republican president comes to white house: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf Can you please share your thoughts and the details of what you know so far. Thanks a lot! Link to comment
Neda Posted November 21, 2014 Report Share Posted November 21, 2014 Sir, I have just two simple questions 1. From when this order will be in effective?? 2. EAD received under this order is the same as the EAD received after filing I485?? I mean can I get GC after getting this EAD?? Link to comment
prady123 Posted November 21, 2014 Report Share Posted November 21, 2014 http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf.. What does this paragraph mean...... To correct this problem, I hereby direct USCIS to take several steps to modernize and improve the immigrant visa process. First, USCIS should continue and enhance its work with the Department of State to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas. Second, I ask that USCIS work with the Department of State to improve the system for determining when immigrant visas are available to applicants during the fiscal year. The Department of State has agreed to modify its visa bulletin system to more simply and reliably make such determinations, and I expect USCIS to revise its current regulations to reflect and complement these proposed modifications. Third, I direct that USCIS carefully consider other regulatory or policy changes to better assist and provide stability to the beneficiaries of approved employment-based immigrant visa petitions. Specifically, USCIS should consider amending its regulations to ensure that approved, long-standing visa petitions remain valid in certain cases where they seek to change jobs or employers. Thanks Again. Link to comment
premutd Posted November 21, 2014 Report Share Posted November 21, 2014 Hi, I have an approved I-140 from Company-A (got approved in April 2013). I was with the same company until two weeks ago, when I switched to another Company-B. So the question I have is: - Will I still be able to apply for EAD (assuming the new announcement passes)? - Should I start my Green Card process with the new company immediately, or wait to see if I can get EAD directly? Note: Just confirmed with Company-A that they are not going to revoke my approved I-140. Please let me know. Thanks! Link to comment
permaudit Posted November 21, 2014 Report Share Posted November 21, 2014 Can you please outline the major points related to Legal Community from the Executive Order. There is a lot of speculation and I am not sure what is right. Here is what I understand. 1. Everyone with I140 approved would be able to file for EAD, AP without the Priority Date being current? 2. Dependents whose spouses have I140 approved can apply for EAD, AP? 3. STEM OPT period would increase from 29 months? Are all the above statements correct? If that is the case, how long would it take for the Executive order to be actually implemented? Thank you! Link to comment
Prem.chn Posted November 21, 2014 Report Share Posted November 21, 2014 Hello, Thank for starting this thread. I am in US on H1B and hold a approved 140 application. I have been hearing that with the new executive action that anyone with approved 140 can now apply for 485 to go in to EAD without having to wait for thier labor date to become current. Is that true? i do not see that information in president's transcript. If the above statement is true when is USICS going to accept application for 485 and what are the processing times going to be? Thanks Link to comment
nrggrn Posted November 21, 2014 Report Share Posted November 21, 2014 Does President's executive actions have any specific ruling that will result in "recapturing" the unused employment-based visas ( I heard that number is ~250K)? Second question is that is there a chance for foreign nationals with approved I-140 to file I-485 even if their PD is NOT current? Link to comment
chilore Posted November 21, 2014 Report Share Posted November 21, 2014 what does this mean for EB3? Will it still continue to move at a snail pace? Or can we expect anything better Link to comment
bs42 Posted November 21, 2014 Report Share Posted November 21, 2014 I see this page has more information http://www.uscis.gov/immigrationaction#4 Q1: When will USCIS begin accepting applications related to these executive initiatives? A1: While USCIS is not accepting applications at this time, individuals who think they may be eligible for one or more of the new initiatives may prepare now by gathering documentation that establishes factors such as their: Identity; Relationship to a U.S. citizen or lawful permanent resident; and Continuous residence in the United States over the last five years or more. USCIS expects to begin accepting applications for the: Expanded DACA program approximately 90 days after the President’s November 20, 2014, announcement; and Deferred action for parents of U.S. citizens and lawful permanent residents (Deferred Action for Parental Accountability) approximately 180 days after the President’s November 20, 2014, announcement. Link to comment
Attorney_23 Posted November 21, 2014 Author Report Share Posted November 21, 2014 The Murthy Law Firm is in the process of finalizing a new MurthyDotCom article, which should answer many of your questions. (Or, at least, answer the questions that we are able to answer -- many details have yet to be released.) We will include a link to the article in this thread as soon as it is posted (which should be within the next hour or so.) In the meantime, please keep in mind the following: What Does This All Mean for You? What does this all mean for stakeholders who stand to benefit from these changes? Hope for the best and prepare. But, understand that no actual timelines have been established for the key immigration changes aimed at helping U.S. businesses, foreign investors, and skilled workers. While this is a good reason to be excited about many of the changes being proposed by President Obama, such as the ability of many H-4 spouses to finally be able to work, no actual deadlines have been established to implement all of these changes. Accordingly, for the time being, the Murthy Law Firm recommends that possible beneficiaries of these policy changes prepare by gathering relevant documents and information. For instance, an H-4 spouse may wish to gather evidence such as documents that demonstrate the maintenance of valid status, a marriage certificate, and proof of the H1B spouse's approved I-140 petition. Check www.murthy.com for updated and reliable immigration information provided by the professionals who know immigration matters! Link to comment
abhinav1404 Posted November 21, 2014 Report Share Posted November 21, 2014 Obama executive order says: "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 delay" Does it mean that I-140 approved people will be able to get EAD/AP. If not what does it mean? Link to comment
Attorney_23 Posted November 21, 2014 Author Report Share Posted November 21, 2014 Also, pleas note the following: MurthyDotCom Impacted by Heavy Web Traffic President Obama's planned executive orders are of concern to many people. The Murthy Law Firm and MurthyDotCom are known throughout the world as the premiere source of news and information related to U.S. immigration law. While we are thrilled and humbled that so many people are relying on us to provide analysis, this tremendous traffic has led to slow-downs on our website. We are in the process of working with the website host to resolve this issue. In the meantime, please subscribe to the free MurthyBulletin, which we will be using to provide updated details on the President's plans. If you are unable to subscribe due to the traffic problems, you can also see information posted on the MurthyForum, which is not being impacted by the traffic spike. Updates are also being posted on Facebook and Twitter, with links to downloadable PDFs. Link to comment
Attorney_23 Posted November 21, 2014 Author Report Share Posted November 21, 2014 As promised, please click the below link for an updated overview of the president's proposal. President’s Executive Actions for U.S. Businesses and Highly Skilled Workers We'll provide further updates in the near future. Link to comment
nineballs Posted November 21, 2014 Report Share Posted November 21, 2014 Can you please explain the following line from the article - "According to the American Immigration Lawyers Association (AILA), the intention is to allow the filing of the adjustment of status (I-485) application, prior to the visa number becoming available. This would require regulatory changes and this option was not mentioned in the memorandum." Does this mean that AILA interprets the executive action this way? or does AILA believe that it should have been this way, but is not in the memo. Link to comment
reddy183 Posted November 22, 2014 Report Share Posted November 22, 2014 Hi again, I have an approved i140 from employer A (2012) and I am seeking a new employment with B. When I informed A about resignation he said he said he will be revoking i140 as I am no longer his employer. Will I carry the PD? There are mixed responses in the blogs. Can the attorney please clarify? Link to comment
jairichi Posted November 23, 2014 Report Share Posted November 23, 2014 Hi again, I have an approved i140 from employer A (2012) and I am seeking a new employment with B. When I informed A about resignation he said he said he will be revoking i140 as I am no longer his employer. Will I carry the PD? There are mixed responses in the blogs. Can the attorney please clarify? Yes, you will be able to retain your PD. Link to comment
Ricky27 Posted November 23, 2014 Report Share Posted November 23, 2014 Hello,As per the new immigration speech by Obama, what is the GOOD news for H1B holders? What i understood is that those who already have approved i140's will be able to switch between different employers without any H1B transfers? Is this right? if not can any one please correct me? I have approved i140 since last 4 years. Can i switch to different employer without the hassle of H1B transfers? If yes, then who will be filing for next step i.e 485 (EAD approval) ? Thanks Link to comment
Ricky27 Posted November 23, 2014 Report Share Posted November 23, 2014 Hi reddy183, You can still go ahead with old PD even though your previous employer threatens to cancel your i140. Link to comment
sandy k Posted November 24, 2014 Report Share Posted November 24, 2014 Can you please explain the following line from the article - "According to the American Immigration Lawyers Association (AILA), the intention is to allow the filing of the adjustment of status (I-485) application, prior to the visa number becoming available. This would require regulatory changes and this option was not mentioned in the memorandum." Does this mean that AILA interprets the executive action this way? or does AILA believe that it should have been this way, but is not in the memo. Hi - I have same question. Any information regarding this matter is greatly appreciated. Thanks Link to comment
raghuru Posted November 24, 2014 Report Share Posted November 24, 2014 Hi I recently got my I-140 approved. At the same time I am getting a full time position with the client. Based on the president's proposal should I continue with my current employer for some time till wee see the effect take place ? If I take up the new position with the other employer now, will I lose the benefit from the president's executive action? Please help me to make a decision. Regards Raghu Link to comment
nrggrn Posted November 24, 2014 Report Share Posted November 24, 2014 Hi! I just saw this update from AILA which believes that recapturing of unused visas would be part of President 's EA. Ref #14 on this document: http://www.aila.org/content/fileviewer.aspx?docid=50815&linkid=282747 Link to comment
am2622 Posted November 24, 2014 Report Share Posted November 24, 2014 Hi I have EB2 (STEM) PD of July 2013, I keep getting options to change my job in the same field (non-tech) with tremendous scope of growth both career wise and financially. Was expecting something +ve from Obama last night but I doubt much is going to change any sooner. Is it advisable to change my job and move up the ladder? Link to comment
skc40 Posted November 24, 2014 Report Share Posted November 24, 2014 As promised, please click the below link for an updated overview of the president's proposal. President’s Executive Actions for U.S. Businesses and Highly Skilled Workers We'll provide further updates in the near future. For F1 OPT improvements, do you think BSN (Bachelor of Science in Nursing) or **** (Master of Science in Nursing) will be included for STEM extension? Link to comment
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