http://www.washingtonpost.com/blogs/...ration-policy/
They are now saying announcement is coming tomorrow.
http://www.washingtonpost.com/blogs/...ration-policy/
They are now saying announcement is coming tomorrow.
http://thehill.com/homenews/administ...-comprehensive
This talks about fixing the broken Legal Immigration system as well. The announcement will be done at 8 pm EST Thursday. Looking forward to it.
Wow! it will be unbelievable to see this happen. Everything has fizzled out in the past like comprehensive, HR 3012. While i am excited i will ONLY do a a mini celebration when i see the announcement.
Does EB2I benefit without recapture or elimination of Country quota?? The current rumor mill is just pointing to OPT extensions and H4 EAD eligibility at best. Does ayone have insights on that?
More data that just points to some form of OPT extension:
http://www.bloomberg.com/news/2014-1...49407418bf75d6
The signs are not good. Recapture - or indeed anything to do with EB is not finding a place in recent reporting. Prepare to be disappointed again folks. Perhaps OPT is what they meant by the "state dept visa program" in the first leak.
Deferred deportation is easy to justify under prosecutorial discretion. Recapture provides for additional GC beyond the annual cap - much difficult to legally justify as executive action. Still - fingers crossed - with a heavy and sinking heart.
They should at least make it possible to file I485 without being current so we get EAD/Parole. as imdeng rightfully said - " fingers crossed - with a heavy and sinking heart"
Nope. OPT is not a visa. It is right to work or EAD.Quote:
Originally Posted by imdeng
Obama can easily make argument that they are only recapturing visas that were already authorized under law. I think that does fall under executive privilege and wouldn't be considered breach of laws. Whether he will do it is entirely different question - one we will know the answer to - tomorrow.Quote:
Originally Posted by imdeng
Strategically, doing some stretch action on EB Green Cards now will not attract as much opposition as it would if it were done alone. So I would be surprised, if he would let down the tech companies. Fingers crossed...
Yeah, it should have something for everyone including enforcement. That way he can maintain Immigration Reform alliance to fight the antis.Quote:
Originally Posted by kkruna
Looks like 8 pm Thursday is confirmed when Obama will speak live and announce EO.
http://www.nbcnews.com/politics/immi...ursday-n251796
The below NYT article talks about revamping legal immigration for high-tech workers as one of action items from EO.
http://www.nytimes.com/2014/11/20/us...=tw-share&_r=0
To QQuote:
Originally Posted by qesehmk
According to Numbers USA the law clearly states how any unused visas may be used by transferring between FB and EB categories
https://www.numbersusa.com/content/f...0Recapture.pdf
It appears that they are being very careful to avoid possible litigation and sticking to prosecutorial discretion where the wiggle room is extensive
Unfortunately the situation is further hampered by numerous attempts in the last decade by both chambers of Congress to amend the INA 90 to specifically allow recapture of visas from previous years thus cementing the original intent of the law-AC21 being the prime example that was successful.
Interestingly at one point the Heritage foundation thought that recapture was a good idea and supported it
http://www.heritage.org/research/rep...worker-problem
There have been at least 2 other bills in Congress that have tried to achieve the same end but never got a final vote
1.Rep.Lantos introduced a Bill in 2005 to alleviate nursing shortages and increase immigration of nurses especially from the Philippines
http://shusterman.com/pdf/lantos105.pdf
2.The more well-known effort was actually bi-partisan and well-written in the 110th Congress (Lofgren-Sensenbrenner)
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.5882:
If we research more extensively we may find more examples of this.More recently sec.2304 of the Senate Bill S.744 dealt specifically with visa recapture.
As you have mentioned yourself in previous posts-the legal immigration process is very clearly set out in the law thus making a court challenge that much more credible
In my opinion he should just go ahead and include it with the worst possible scenario being a Court striking it down if they think it runs counter to current law.At least the president and all of us will get the satisfaction that it was given an honest try
gs1968 - I am not sure I said that at least not in that way. Yes indeed there is a process prescribed by law. But laws are always subject to interpretation and discretion and executive privilege is another thing.Quote:
Originally Posted by gs1968
By the way - Boehner was asked how he will challenge president in the courts and he was unable to name a lawyer that will go with GOP in challenging president on immigration. Which is why the only way this will be challenged in courts is if some of the states bring lawsuits against this in the courts.
There's an official White House blog entry from Josh Earnest confirming it.Quote:
Originally Posted by qesehmk
Same reporter as last night's article. I think his source just didn't mention the recapture - doesn't mean it can't be in the final bill. Ridiculous though that illegals get all the coverage...Quote:
Originally Posted by imdeng
This is from the WH... https://www.facebook.com/video.php?v...type=2&theater
I thought tomorrow is the D-day, but looks like he is unveiling his plan tomorrow, followed by support rally is LV. Am I missing something or tomorrow is the day?
Recapture can be part of EO: here is whyQuote:
Originally Posted by imdeng
Though law states that unused visas need to be returned to DOS, the law when written never foresaw USCIS wasting visa due to their inefficiency. That is where administrative discretion comes in. President can act administratively fix the inefficiency in the system,
There is a risk:benefit ratio involved .. and the benefit of doing something for legal immigrants is pretty low. It actually increases the risk of legal challenges. I would honestly be surprised if some tangible benefits are included for the EB/FB community (specifically in terms of reducing backlog). More likely that benefits for EB will be along the lines of longer OPT, H4 EAD, EAD with I-140, Permanent Perm for a employee (so no new perm required after job/position change) and such.
I watched the WH PDB, tomorrow is unveiling, Friday is signing in LV.Quote:
Originally Posted by Kanmani
http://uk.reuters.com/article/2014/1...0T41TW20141114
This is the first time I have ever seen an article focusing completely on Legal Immigration issues with regards to the executive order. Something will be done, but the extent of it is unknown. Few more hours. Let's hope for the best.
Kind of discouraging but let's see what happens. This article is from last week.Quote:
Originally Posted by psychedelicNerd
If we only get work visas for H4s, that would be super lame and just make the queues longer.
Many people here mentioned that it would be lame if we do not get this/that.
My opinion, Its been such a long wait and so many disappointments over the last few years, I will take anything they do for Legals. Even if we get the H4 EAD, that itself would be a great relief.
Anything more than H4 EAD is bonus.
Can we have hope something will be done to Legals as well or is it toomuch to Hope :confused:
Q or Spec or Gurus what do you guys think?
We all have waited too long. So lets wait a few more hours and see what happens. Speculation and over-reading will only lead to disappointment or over-expectation. Don't get me wrong, but after all these years of waiting and debacles like HR3012 have mellowed me a little.
Wish I could pop a sleeping pill and go to sleep until thursday evening
Have guys not learned a thing from past debacles? It is foolish have this optimism or hope! This executive action's target is undocumented. Not legal or documented folks like us! We may get a few crumbs. But we are not the courted audience so to speak. So stop asking what will happen ? What can we expect?
Expect nothing!
I am very confident ( nay certain) that if there is action for undocumented ones then there will be some actions for documented one. No doubt about that.Quote:
Originally Posted by mesan123
But whether the action will include visa recapture - I do not know.
Thank you for the response Q....If there is an action what can we expect ??? I understand it wont Visa recapture.....Quote:
Originally Posted by qesehmk
Just trying to understand here......Me not loosing sleep over it.....But knowing what to expect from gurus .....as most of the times your and Spec's and nishanth's guess was right....
If I were to guess, these look likely:
1. H4 EAD
2. Increased period for OPT
3. Changes to filing procedures - probably those with approved I-140 can file I-485 and get EAD as they wait in queue.
Well Spec in all likelihood is working with Obama's advisors ... oink oink!! So you are stuck with me! Nishanth has become a big boss now so I don't think he finds much time to visit the forum - other than the fact his daughter makes him dance him on one finger.
Anyway -- so I believe the biggest favor he can do is allow people to file 485 without dates being current. I think that will happen with 60% chance.
Visa recapture will happen with 40% chance.
H4 EAD should happen with 80% chance.
Increasing length of OPT - probably won't happen.
Please understand these are wild guesses. So don't hang onto any of them.
Quote:
Originally Posted by mesan123
Thank you again for response Q...... I was not catching up often in the forum from last one year......as was blessed with another Little boy yearly this year....so I can understand Nishanth's struggleQuote:
Originally Posted by qesehmk
So I will make sure I will not disturb Spec for next couple of days :)
anyway nice catching up with you after long
How about AOS applicants in limbo (EB I-485 pending) for over 3 years (just to use a number)? If their applications are pre-adjudicated and they have been with the GC sponsor all through that time, can they be given relief to change jobs with more flexibility? Perhaps dropping or loosening the "same or similar" job requirement? I am sure this will only involve changes to DHS internal policy.
http://m.wsj.com/articles/obama-to-a...10043?mobile=y
This article specifically states no visa recapture! Wasn't this the easiest one to do on the list? Are we set up for a big disappointment tomorrow? My worst fears seem to be coming true..
Yay! Looks like legals get screwed again. The only thing for legals seems to be OPT extension which only clogs up the system more. Hurray, Obama!Quote:
Originally Posted by anuprab
Can somebody copy paste part of the article that talks about legal immigration for those who don't have subscription to WSJ?
Thanks
Quote:
Originally Posted by anuprab
One provision sought by businesses, particularly high-tech companies, isn’t in Mr. Obama’s package, this person said. It would have made available employment visas that were unused in previous years.Quote:
Originally Posted by CleanSock
Here is the part that talks about recapture.Quote:
Originally Posted by CleanSock
One provision sought by businesses, particularly high-tech companies, isn’t in Mr. Obama’s package, this person said. It would have made available employment visas that were unused in previous years.
Thanks devi_pd. It is very disappointing.
Quote:
Originally Posted by devi_pd
If Obama is only hell bent on raining down the OPTs, I don't know what to call it. I don't have an adjective. It proves that Obama is squarely in the pockets of the corporations and the only change he got in DC is the same old thing on steroids.
OPT/F1 is one of the most abused visas today. And it is not the student's fault either. Most of these students are from middle class backgrounds and they make an investment in the US. To their chagrin, they realize that the time and money they spent in the US is a waste because getting a sponsorship is next to impossible these days. Then, they have to do the most dastardly acts to survive. Working on gas stations, in restaurants, in liquor shops becomes common. The sponsorship never comes along. Plenty of them then become illegals, and I suppose they could be taken care of only if they produce anchor babies in the US. If you think about it, your head will start spinning.
So Obama wants more of this now. How do you make it easy for the students Mr. BO when all of the H1Bs are taken in a blanket fashion by the so called "MNC consultancies"?
By taking this ill advised and rash action, Obama is destroying any opportunity for a bipartisan Congress approved sensible solution to the existing backlog of legal immigrants. I am afraid that there is tremendous anger among the people over amnesty to "illegals" (sorry, I don't want to use euphemisms here). People mostly understand they were fooled once (1986), promised the borders would be closed which did not happen and in 30 years, it multiplied the problem 4-fold. They say "fool me once, shame on you. Fool me twice, shame on me". Whatever EO Obama has in mind, it will bring about some kind of permanent tipping point. I cannot anticipate how it will shape the future politics. Whatever it is, it is bye bye legal immigration reform.
Obama is our modern day Emperor Nero. All hail the Caesar..
From ** site:
Quote:
We would be very happy, rather astounded if the President decides to do recapture and/or dependents exemption. This is one of those things where we would welcome to be wrong in our assessment. We have also separately asked and advocated for recapture and dependents exemptions but the truth is that the chances are very less for recapture and/or dependents recapture, and we are only helping you manage your expectations ahead of the announcement.
Now that is out of the way, let me mention this. It is because of immature folks who cannot have a civil discussion that it is difficult to share what we know. As soon as we share something real, there is always one to those idiot hiding somewhere who immediately pop-up its head just because he doesn't like the message. And then this group of mostly handful of immature folks start with attacking the messenger as if immediately the other person is the mortal enemy. Grow up please.
reserve your judgement till evening sports!Quote:
Originally Posted by sportsfan33