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Attorney_23

President Obama's Immigration Plan

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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:

  1. Attorney’s postings contain general information only and are not a substitute for case-specific legal advice.
  2. 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.
  3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
  4. Please do not include information that would identify any specific company, university, or individual (including yourself).

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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:

 


 

Can you please share your thoughts and the details of what you know so far.

Thanks a lot!

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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??

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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.

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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!

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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!

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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

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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?

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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. 

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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!

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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?

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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.

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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.

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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? 

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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.

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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

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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

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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

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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?


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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? 

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