President Obama's Immigration Plan

[rahul_cb]

I have I-140 approved and out of USA for more than a year and my PD is also current. How can these new laws help me to get back to USA?

 

Any suggestions please?

[Attorney_6]

Newbie,

 

With respect to the explanation by AILA regarding what is meant by visa bulletin changes etc. in the DHS' memorandum on executive action related changes, this is not an "interpretation." Presumably, it is based upon high level, discussions with key government officials. There is nothing in the memorandum that sets out a specific plan regarding the visa bulletin and I-485 filing changes, but, it is not just speculation on AILA's part. AILA has established relationships that provide access to such information.

 

However, such changes would require issuance of regulations. Thus, there is no set time table at this point.  

[Attorney_6]

I think it is very important for people to understand that there is not just a single "executive order." While there IS an executive order, that has to do with undocumented foreign nationals and the DAPA program. The timeline for that is what BS42 cut/pasted from the USCIS website.

 

What has happened is a more comprehensive series of "executive actions" through which the president is seeking to make multiple changes to the existing immigration system. Unlike DAPA, it is agreed that many of these changes can not just be ordered by the president. These numerous changes require steps---often issuance of regulations---by the Department of Homeland Security, Department of State and/or the Department of Labor.

 

That is why there are not immediate changes to the matters that are most important to our clients/readers. That is also why the time lines and details are not available---only basic outlines and concepts.

 

We will provide updates as information becomes available.

[akrishna2000]

I am on H1B with 1-140 approved. 

And my wife is currently on  H1B 
 

If we like to use the H4-EAD rule to avoid H-1B hassles for my wife. what could be the process in place. 

Thanks for your responses

[Attorney_6]

Travelabc,

 

The regulation is expected in December or January.

[shetty1891]

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

 

I am too in Similar situation... any information on how the executive action will effect people with approved I-140, w.r.t change of employment  will be helpful.

[rahul412]

I am too in Similar situation... any information on how the executive action will effect people with approved I-140, w.r.t change of employment  will be helpful.

Please read the above response from one of the attorneys.

[pragmatic]

my PD is DEC 2008. Just got EAD 4 months back, can I expect a decision on i-485 next year July/August 2015?

[pragmatic]

By when the changes in AC21 changes / relaxation of "similar jobs" rules , is expected to be a law?

[JoeF]

By when the changes in AC21 changes / relaxation of "similar jobs" rules , is expected to be a law?

It is not going to be a law.

Laws are passed by Congress, and signed by the President.

This would be an Executive Action by the President without involvement of Congress.

[Attorney_6]

Pragmatic, It is expected that the cut off dates for EB2 India will advance in June/July 2015----and, perhaps even somewhat earlier, according to recent DOS information. This will allow the USCIS to approve qualified I-485 cases which have already been reviewed, preadjudicated and are just awaiting a visa number. Have to wait and see what happens with the cut off date movement and how quickly they are used up.

[Attorney_6]

Pragmatic, There is no anticipated change in AC21 law. What is potentially going to be issued are long-awaited regulations relating to AC21 and job flexibility. No time frame set.

[Nisha03]

Recently read and article below on - http://www.immigration-law.com/XXIV.html%C2'>

 

12/17/2014: Any Impact of Immigration Executive Actions on Priority Date Movements Ahead?

• No. AILA reports from its communication with Mr. Oppenheim of the State Department that the immigration executive action will not impact cut-off date movement ahead. Even though the Executive Actions included in broad plans 'preregistration' of adjustment of status applications (I-485) with accompanying benefits of EAD applications for people waiting for the priority dates, the impact will be limited to USCIS filings and will not allow them to apply for immigrant visas until their priority dates become current. For the reason, it will not affect the priority dates.
• Still, initiation of the preregistration of I-485 with accompanying EAD application opportunies would give a tremendous benefits to the foreign workers, particularly their accompanying family members, but the USCIS failed to include this part of the immigration actions in its initial announcement of its plans. Considering, however, that the initial announcement did not necessarily cover all the actions the USCIS would take as part of the Obams immigration actions, it appears that the relief of 'preregistration of I-485 applications for the visa number waiters' may be forthcoming, albeit not necessarily in priority.
• It is thus imperative that for the foreign workers and their family members to get relief from the current 'choked' employment-based immigration system, the Republican Congress should work hard next year to pass employment-based immigration reform bills and the President should sign such bills. Otherwise, these 'legal' immigrants will suffer from the chocked legal employment-based immigration systems even for decades to come, waiting in the endless long lines.

[pragmatic]

Thanks a lot,Attorney_6 and JoeF!!

 

Is there any expectation of  what are the AC21 changes going to be?

 

For  example : A person who is in IT with designation "X" can change his/her job with designation "Y" but still in IT; will this be considered as "similar job" in new regulations?

 

Per my primitive understanding,  as long as you stay in your area (that is in IT in this example) but can change or go for any job , it is going to be OK in the new AC21 regulations, regardless of whether the new job is higher or lower position.

 

Is this correct understanding or we do not even know what it is going to be?

 

Appreciate your insights, thoughts...

[rahul412]

Nisha, this new executive order is way related to PD movements bcos the number of visas for GC are still the same. To make change to this number, congress should pass a bill president cannot do anything.

[Nisha03]

 

Recently read and article below on - http://www.immigration-law.com/XXIV.html 

 

12/17/2014: Any Impact of Immigration Executive Actions on Priority Date Movements Ahead?

• No. AILA reports from its communication with Mr. Oppenheim of the State Department that the immigration executive action will not impact cut-off date movement ahead. Even though the Executive Actions included in broad plans 'preregistration' of adjustment of status applications (I-485) with accompanying benefits of EAD applications for people waiting for the priority dates, the impact will be limited to USCIS filings and will not allow them to apply for immigrant visas until their priority dates become current. For the reason, it will not affect the priority dates.
• Still, initiation of the preregistration of I-485 with accompanying EAD application opportunies would give a tremendous benefits to the foreign workers, particularly their accompanying family members, but the USCIS failed to include this part of the immigration actions in its initial announcement of its plans. Considering, however, that the initial announcement did not necessarily cover all the actions the USCIS would take as part of the Obams immigration actions, it appears that the relief of 'preregistration of I-485 applications for the visa number waiters' may be forthcoming, albeit not necessarily in priority.
• It is thus imperative that for the foreign workers and their family members to get relief from the current 'choked' employment-based immigration system, the Republican Congress should work hard next year to pass employment-based immigration reform bills and the President should sign such bills. Otherwise, these 'legal' immigrants will suffer from the chocked legal employment-based immigration systems even for decades to come, waiting in the endless long lines.

 

[Nisha03]

 

Recently read an article below on - 

 

12/17/2014: Any Impact of Immigration Executive Actions on Priority Date Movements Ahead?

• No. AILA reports from its communication with Mr. Oppenheim of the State Department that the immigration executive action will not impact cut-off date movement ahead. Even though the Executive Actions included in broad plans 'preregistration' of adjustment of status applications (I-485) with accompanying benefits of EAD applications for people waiting for the priority dates, the impact will be limited to USCIS filings and will not allow them to apply for immigrant visas until their priority dates become current. For the reason, it will not affect the priority dates.
• Still, initiation of the preregistration of I-485 with accompanying EAD application opportunies would give a tremendous benefits to the foreign workers, particularly their accompanying family members, but the USCIS failed to include this part of the immigration actions in its initial announcement of its plans. Considering, however, that the initial announcement did not necessarily cover all the actions the USCIS would take as part of the Obams immigration actions, it appears that the relief of 'preregistration of I-485 applications for the visa number waiters' may be forthcoming, albeit not necessarily in priority.
• It is thus imperative that for the foreign workers and their family members to get relief from the current 'choked' employment-based immigration system, the Republican Congress should work hard next year to pass employment-based immigration reform bills and the President should sign such bills. Otherwise, these 'legal' immigrants will suffer from the chocked legal employment-based immigration systems even for decades to come, waiting in the endless long lines.

 

[Nisha03]

Thank you for the quick response and clarification. 

 

When should we see any hope for changes on EB2 backlog front? Do you foresee any changes? Any guidance will be appreciated. 

[manalkunal]

As asked @ #7, will the STEM OPT period be extended beyond 29 months? From which date is this liklely to be effected? My STEM will expire in beginning of 2015, so any extension will help me.

[allaboutsam]

Could you please tell me how to post a new question to this forum ?

 

 

[sandipdjadhav]

All 'Legal' Immigrant, I want to ask what is use of 'legal' in this country when 'illegal' enjoying everything here. Why we have to wait and illegal don't have to wait to get EADs and then Green Card? Why my company has to pay for my H1B's fees when 'illegal' will get work authorization without any issue?

 

 

 

Recently read and article below on - http://www.immigration-law.com/XXIV.html 

 

12/17/2014: Any Impact of Immigration Executive Actions on Priority Date Movements Ahead?

• No. AILA reports from its communication with Mr. Oppenheim of the State Department that the immigration executive action will not impact cut-off date movement ahead. Even though the Executive Actions included in broad plans 'preregistration' of adjustment of status applications (I-485) with accompanying benefits of EAD applications for people waiting for the priority dates, the impact will be limited to USCIS filings and will not allow them to apply for immigrant visas until their priority dates become current. For the reason, it will not affect the priority dates.
• Still, initiation of the preregistration of I-485 with accompanying EAD application opportunies would give a tremendous benefits to the foreign workers, particularly their accompanying family members, but the USCIS failed to include this part of the immigration actions in its initial announcement of its plans. Considering, however, that the initial announcement did not necessarily cover all the actions the USCIS would take as part of the Obams immigration actions, it appears that the relief of 'preregistration of I-485 applications for the visa number waiters' may be forthcoming, albeit not necessarily in priority.
• It is thus imperative that for the foreign workers and their family members to get relief from the current 'choked' employment-based immigration system, the Republican Congress should work hard next year to pass employment-based immigration reform bills and the President should sign such bills. Otherwise, these 'legal' immigrants will suffer from the chocked legal employment-based immigration systems even for decades to come, waiting in the endless long lines.

 

 

[rahul412]

All 'Legal' Immigrant, I want to ask what is use of 'legal' in this country when 'illegal' enjoying everything here. Why we have to wait and illegal don't have to wait to get EADs and then Green Card? Why my company has to pay for my H1B's fees when 'illegal' will get work authorization without any issue?

I have one word to say, fell proud that you are legal.

[ashuneel]

All 'Legal' Immigrant, I want to ask what is use of 'legal' in this country when 'illegal' enjoying everything here. Why we have to wait and illegal don't have to wait to get EADs and then Green Card? Why my company has to pay for my H1B's fees when 'illegal' will get work authorization without any issue?

You are free to choose the illegal path if you wish to do so. Doing it the legal way allows us to sleep at night.

[Nisha03]

Any comments/suggestion from below article published today?

 

https://www.federalregister.gov/articles/2014/12/30/2014-30641/immigration-policy%C2'>

[h1_seeker]

I have approved I140. I am considering job change but am wondering if I should wait for some action on EAD for I140's before I start applying for jobs? Any suggestions will be appreciated. Thanks.