Impact of Executive Order on Immigration

They will create unnecessary work for themselves if they go for H4 EAD before proposed AOS while waiting with I-140.

And good luck with any decision once the process of EAD for undocumented starts. In ideal world they should not take any resource out of present one for the latter (as it is supposed to self finance out of fees charged for those EADs), but they will most likely reallocate the resources before they ramp up.

On another note the AILA document indicates that all dependent will get EAD - earlier I thought it was just the primary while the spouse gets through H4 EAD. It would make a difference in case kids are in college.

Considering that the coming overload from undocumented would shaft people with priority dates in 2010-2011, shouldn't they actually move priority date to, say, Dec 2011 in next VB? I know it would be sort of arbitrary but will at least serve some natural justice - if they cared. Thoughts as you shop for Thanksgiving?

It may seem good that USCIS will issue a memo clarifying what "same or similar" job means to help people in AOS to port jobs under the AC-21 Act, but here is the weird part, if you can call it weird. Many of the undocumented people are getting EADs soon, and although they may be in temporary status, they can do whatever they want with the EAD: get a degree, start a business, and work in any employment, and have no "portability" to worry about. Basically, the EAD is a temporary green card, until a full legal status is granted (which seems very possible from history). Whereas, AOS applicants can do no such thing; and the AOS can remain pending for 5 or even 12 years!

Where is the fairness in that? If an AOS applicant has been with his GC sponsor on an EAD for years (at least 2 years), why should the provision of "similar" job for portability purposes even need to be enforced. Could not the USCIS modify the procedure where if the job exists at the time of filing of I-484 and continues to do so for a reasonable time (say 2 years), the burden of maintaining a similar job is completely removed?

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Originally Posted by nbk1976

It may seem good that USCIS will issue a memo clarifying what "same or similar" job means to help people in AOS to port jobs under the AC-21 Act, but here is the weird part, if you can call it weird. Many of the undocumented people are getting EADs soon, and although they may be in temporary status, they can do whatever they want with the EAD: get a degree, start a business, and work in any employment, and have no "portability" to worry about. Basically, the EAD is a temporary green card, until a full legal status is granted (which seems very possible from history). Whereas, AOS applicants can do no such thing; and the AOS can remain pending for 5 or even 12 years!

Where is the fairness in that? If an AOS applicant has been with his GC sponsor on an EAD for years (at least 2 years), why should the provision of "similar" job for portability purposes even need to be enforced. Could not the USCIS modify the procedure where if the job exists at the time of filing of I-484 and continues to do so for a reasonable time (say 2 years), the burden of maintaining a similar job is completely removed?

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That's the irony. It is unfair but so as life. As it has been explained before, sweeping changes in legal immigration system requires legislative changes. But what I was really hoping was that at least there would be some specific timeline that would be announced for legals in this EO. Of course, I was wrong. If you see illegal immigrants, actions for them start from April and May, 2015. But we don't know when we will get the relief if we do get it eventually. Some say 6 months, some say 8 months, some say in a year, but the fact is no body knows exactly what is going to happen with legal immigrants who are severely backlogged. There are talks about giving EADs on I-140, GC recapture or excluding dependents from counting under quota but these are mere talks. As far as we are concerned, everything is in a limbo with various things being talked about but no one seems to know exactly what would be the outcome and when would that happen. And that's my friend is the most unfortunate part, where you can't do anything despite being a law abiding tax filing legal immigrant except ranting on these forums.

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Originally Posted by nbk1976

It may seem good that USCIS will issue a memo clarifying what "same or similar" job means to help people in AOS to port jobs under the AC-21 Act, but here is the weird part, if you can call it weird. Many of the undocumented people are getting EADs soon, and although they may be in temporary status, they can do whatever they want with the EAD: get a degree, start a business, and work in any employment, and have no "portability" to worry about. Basically, the EAD is a temporary green card, until a full legal status is granted (which seems very possible from history). Whereas, AOS applicants can do no such thing; and the AOS can remain pending for 5 or even 12 years!

Where is the fairness in that? If an AOS applicant has been with his GC sponsor on an EAD for years (at least 2 years), why should the provision of "similar" job for portability purposes even need to be enforced. Could not the USCIS modify the procedure where if the job exists at the time of filing of I-484 and continues to do so for a reasonable time (say 2 years), the burden of maintaining a similar job is completely removed?

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nbk ...

Indeed it seems unfair especially to those who excelled in schools in their home countries .... spent nights studying when friends were partying ... cracked GMAT / GRE / LSAT / MCAT etc... toiled in your career like a slave and so on and so forth. There is no denying it.

If there is any consolation - these people risked their life to cross the border and live in fear every single day. Are exploited by gangs as opposed to a mean boss. And their legal protection is nothing but this executive order which isn't even a protection but a directive to government agencies to not deport them. Any new president can change this in an instant (technically).

I can't speak for others - but I can say that - given a choice I will still enter the EB queue and have a mean boss - get exploited and everything rather than get EAD via undocumented route because with the former my pay is still 1.5-10 times more than average american family, I have legal protections, I have a decent career path, my family doesn't have to worry that I will be deported, or worse my kids won't be in state custody because I got deported.

So while there is an element of injustice - I believe - legal immigrants will do just fine over time despite of all the delays. Undocumented life is full of misery, risk, and uncertainty.

I agree with you Q.. there is no doubt that these undocumented people need a break....but the point is President promised that these people will get at the back of the line... that is not happening. Legal Immigrants have to wait for 4+ million illegal immigrants to be given EAD/AP. That is the problem. If President had to keep his promise, he should have clearly defined what he is doing for legal immigrants (Say, state that legal immigrations who have approved I140 can immidiately or a timeline like 3 months apply for EAD/AP. Undocumented immigrants can apply for EAD/AP in 6 months).

anyways.. i do not care much about EAD/AP at this point. I have waited for 5 years in line (total 9 years in US)... by the time Executive Order helps me (may be in 1 year), i would be current neways.... or worst case 6 months extra wait (if there is no EO)...

I hope that many other legal people get benefit from this EO...

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Originally Posted by qesehmk

nbk ...

Indeed it seems unfair especially to those who excelled in schools in their home countries .... spent nights studying when friends were partying ... cracked GMAT / GRE / LSAT / MCAT etc... toiled in your career like a slave and so on and so forth. There is no denying it.

If there is any consolation - these people risked their life to cross the border and live in fear every single day. Are exploited by gangs as opposed to a mean boss. And their legal protection is nothing but this executive order which isn't even a protection but a directive to government agencies to not deport them. Any new president can change this in an instant (technically).

I can't speak for others - but I can say that - given a choice I will still enter the EB queue and have a mean boss - get exploited and everything rather than get EAD via undocumented route because with the former my pay is still 1.5-10 times more than average american family, I have legal protections, I have a decent career path, my family doesn't have to worry that I will be deported, or worse my kids won't be in state custody because I got deported.

So while there is an element of injustice - I believe - legal immigrants will do just fine over time despite of all the delays. Undocumented life is full of misery, risk, and uncertainty.

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Originally Posted by nbk1976

It may seem good that USCIS will issue a memo clarifying what "same or similar" job means to help people in AOS to port jobs under the AC-21 Act, but here is the weird part, if you can call it weird. Many of the undocumented people are getting EADs soon, and although they may be in temporary status, they can do whatever they want with the EAD: get a degree, start a business, and work in any employment, and have no "portability" to worry about. Basically, the EAD is a temporary green card, until a full legal status is granted (which seems very possible from history). Whereas, AOS applicants can do no such thing; and the AOS can remain pending for 5 or even 12 years!

Where is the fairness in that? If an AOS applicant has been with his GC sponsor on an EAD for years (at least 2 years), why should the provision of "similar" job for portability purposes even need to be enforced. Could not the USCIS modify the procedure where if the job exists at the time of filing of I-484 and continues to do so for a reasonable time (say 2 years), the burden of maintaining a similar job is completely removed?

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DACA is stemmed on "prosecutorial discretion"

http://www.fas.org/sgp/crs/misc/R42924.pdf

It does not help legals since they cannot prosecute us for following the law.

However, I do want the administration to show some swiftness in making the new rules allowing 485 for legal immigrants too before the republicans shoots everyone down.

Would it be bad for legal immigrants if Republicans succeed in their strategy of "defunding" EO? Afterall, whatever relief they would be getting would be on account of formal rulemaking process rather than EO.

http://www.dhs.gov/news/2014/12/02/w...eland-security

Jeh Johnson's testimony to House Homeland Security Committee

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Supporting U.S. business and high-skilled workers. Finally, DHS will take a number of administrative actions to better enable U.S. businesses to hire and retain qualified, highly skilled foreign-born workers. For example, because our immigration system suffers from extremely long waits for green cards, we will amend current regulations and make other administrative changes to provide needed flexibility to workers with approved employment-based green card petitions.

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Originally Posted by qesehmk

nbk ...

Indeed it seems unfair especially to those who excelled in schools in their home countries .... spent nights studying when friends were partying ... cracked GMAT / GRE / LSAT / MCAT etc... toiled in your career like a slave and so on and so forth. There is no denying it.

If there is any consolation - these people risked their life to cross the border and live in fear every single day. Are exploited by gangs as opposed to a mean boss. And their legal protection is nothing but this executive order which isn't even a protection but a directive to government agencies to not deport them. Any new president can change this in an instant (technically).

I can't speak for others - but I can say that - given a choice I will still enter the EB queue and have a mean boss - get exploited and everything rather than get EAD via undocumented route because with the former my pay is still 1.5-10 times more than average american family, I have legal protections, I have a decent career path, my family doesn't have to worry that I will be deported, or worse my kids won't be in state custody because I got deported.

So while there is an element of injustice - I believe - legal immigrants will do just fine over time despite of all the delays. Undocumented life is full of misery, risk, and uncertainty.

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Q, I totally agree with you. I have no problem if undocumented immigrants get EADs, especially those who were brought by their parents when they were too small and did not have any control over their fate. I actually sympathize with their cause. As you said, I would rather be a legal immigrant waiting in EB queue rather than be an illegal immigrant getting EAD this way. I don't deny that fact.

But my frustration stems from the fact that while President has announced relief for the undocumented immigrants with a specific timeline, there has been no effort to provide relief to legals within a specific timeline. Legal immigrants have their own set of problems, the most important ones being the job mobility and career growth. People who are from backlogged countries are hurting as well and one would expect that if undocumented immigrants are being granted EADs within few months, then legal immigrants should be awarded that relief also. Ideally, legal immigrants should be given EADs ahead of the illegal immigrants but if that's not possible than at least they should be given EADs along with illegal immigrants by allowing them to apply within the same timeline also.

The disappointing part is that a person who has followed the law will be deprived of the relief for a considerable/unknown period of time while a person who broke the law (intentionally/unintentionally) will be provided with much needed relief in 4-5 months. That's the complaint I have.

I sympathize with the so-called Dreamers and also their parents and their condition here. But the bar set by Obama is just 5 years to get protected status. There are legal immigrants waiting to get a GC for over 10 years or even 15 years, and they can have their case denied for various reasons and will have no choice but to leave.

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Originally Posted by Jonty Rhodes

The disappointing part is that a person who has followed the law will be deprived of the relief for a considerable/unknown period of time while a person who broke the law (intentionally/unintentionally) will be provided with much needed relief in 4-5 months. That's the complaint I have.

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Jonty - yes indeed. Obama could and should have been much more specific for EB related parts of EO. It is a shame he didn't. For the life of me I don't understand if the leader doesn't show the courage - how can the agencies muster the courage to make any fundamental/far reaching changes.

I still applaud and welcome this EO because Obama and his policy makers are trying to address a difficult and serious problem. Clearly they do not see EB as a big problem and that's a pity.

Hi Q/Spec others:

Had a couple of questions. Will highly appreciate some insight.

I wanted to ask something in light of the EO and how it will impact current/near future EAD/AP card processing.

1) Is there any idea on when USCIS will start accepting EAD applications for the people who are covered in the EO. If there is a date, what do you think will be the likely impact on processing times for folks like us who will want to renew EAD/AP.?

2) Does anyone know what current processing times are for EAD/AP renewals? If anyone has any information especially on Texas Service Center? I have renewed my card once before and it took about a month for the approval to come. Anyone currently renewed theirs? I read somewhere that it taking about 3 months..The fact is that we can only send in the application 120 days before the current one expires- am i correct on that fact?

3) A third question was issue relating to the medical form I-693. I am EB2 December filer who was able to apply for AOS in 2012. However, it seems certain that i will get an rfe for a new medical. I believe people till October 2009 got RFEs but i missed out. So I assume that hopefully this next year I will get a request for the medical RFE. The reason i ask is that I do spend a lot of time out of the firms london office and was hoping to have the medical done on my next trip in a few days. I understand its valid for submission for 1 year and technically another year from the time its accepted to approval for it to remain valid.

However, if you look at the i-693 form and on the actual form it does say that Expires Jan 31, 2015. Will this mean that were i to get the medical form filled out on the current version, it will not be valid for submission next year when i will hopefully receive a RFE? Strangely if you see the initial page on USCIS (http://www.uscis.gov/i-693), it states that the current edition is 01/15/13 but that they also accept the version from (10/11/11).

Strangely thought this current version expires on 01/31/2015 (http://www.uscis.gov/sites/default/f...form/i-693.pdf)

what does this mean? also if the current one is available right now online but they still accept the 10/11/11 version, then wouldn't the earlier version have had already expired?

Thoughts will be highly appreciated as I am looking to get the i-693 form done on my next trip to the States in a few days. Lastly, as long as the doctor is USCIS approved, it won't matter if i get the exam done from another doctor in another state right?

Thanks much.