Discussion On The Politics of Immigration Reform (Comprehensive Or Otherwise)

Update by Aman on I.V. website

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We have been told that there is a late breaking change of plans for public release of the Report containing the recommendations for skilled immigration Administrative fixes based on the RFI issued under President's Executive Action on Immigration.

There are specific technology bottlenecks that have caused the last minute delay for the public release of the Report. It is anticipated that the delay will be a few weeks and not months. However, we have also been told that all the policy items and fixes in the Report are locked-in and these fixes will not change (or water-down) in these coming few weeks.

We realize that a lot of us were expecting a formal announcement today. All of us have waited for many years for a legislative change, but Congress is yet to live up to its promise to fix the broken immigration system. Now that Obama Administration is so close to making meaningful Administrative fixes to the skilled immigration system, even though we are all eagerly looking forward to the formal announcement of the fixes, we request you to please be a little more patient as these bottlenecks are being resolved.

It will be our continued priority to see the final implementation of these meaningful administrative fixes for skilled immigrants.

We appreciate your continued support and active participation.

Thank you!
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Originally Posted by Suva2001

Update by Aman on I.V. website
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We have been told that there is a late breaking change of plans for public release of the Report containing the recommendations for skilled immigration Administrative fixes based on the RFI issued under President's Executive Action on Immigration...

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Hopefully now you may have realized why this site was quit(e) while other sites were breaking down ;)

The reason is - we are driven by facts and analysis. We don't have any insider information, nor we have any contacts in high places.

We believe there is ample data out there that one can look objectively and try to figure out the green card mess and make intelligent decision about life and career today.

There doesn't have to be thousands of people following this site. If there is one that says - you saved me the agony of wait and helped me make best decisions -- we will be happy for that.

Sorry don't mean to preach to the choir (since I know many of you believe the same). But just wanted to reiterate the focus of this site.

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Originally Posted by qesehmk

Hopefully now you may have realized why this site was quit(e) while other sites were breaking down ;)

The reason is - we are driven by facts and analysis. We don't have any insider information, nor we have any contacts in high places.

We believe there is ample data out there that one can look objectively and try to figure out the green card mess and make intelligent decision about life and career today.

There doesn't have to be thousands of people following this site. If there is one that says - you saved me the agony of wait and helped me make best decisions -- we will be happy for that.

Sorry don't mean to preach to the choir (since I know many of you believe the same). But just wanted to reiterate the focus of this site.

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It looks like news is true based on the hype built by **. So they took a big gamble and lost face. They did not study about government matters. This is a big set back for ** even though they get some thing big in a few weeks. Everyone learning lesson very hardway

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Originally Posted by Ramsen

It looks like news is true based on the hype built by **. So they took a big gamble and lost face. They did not study about government matters. This is a big set back for ** even though they get some thing big in a few weeks. Everyone learning lesson very hardway

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I think EB-I immigrants are so vulnerable that they will buy any rumour. In this case - I do not believe the intention was to spread rumour. But if I were in their shoes - I wouldn't create such a hype. I would've said matter of fact - We worked with USCIS - did A B C - provided X Y Z - whatever ... and we expect USCIS to incorporate those view points in their upcoming announcement which could happen as soon as this monday.

Good luck to all - whatever the announcement is - and whenever that comes around.

O h yeah. I saw that and printed out the may bulletin and watched it for around 20 minutes. Didn't change much.

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Originally Posted by qesehmk

I think EB-I immigrants are so vulnerable that they will buy any rumour. In this case - I do not believe the intention was to spread rumour. But if I were in their shoes - I wouldn't create such a hype. I would've said matter of fact - We worked with USCIS - did A B C - provided X Y Z - whatever ... and we expect USCIS to incorporate those view points in their upcoming announcement which could happen as soon as this monday.

Good luck to all - whatever the announcement is - and whenever that comes around.

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Amen ! I guess what they are doing is taking credit before everyone else. Otherwise people may say ** had nothing to do with it. Now they have created that impression that they are the only one who knows it. If they are privy to such matters, the mature way to do is keep mum and announce it the way Q said. Creating a hype around confidential information will create a trust issue between them and administration. Maturity is something ** always lacked !

I agree with you.

I kind of anticipated this. I think they are under pressure to gain the trust of immigrants since there are other groups who are able to successfully work on advocacy or other immigration related items (This website is one of them). Recently there has been successful coordinated efforts in Trackitt for H4 EAD.

So ** wants to show that they are the torch bearers and leaders in immigration reform from immigrants side. Therefore they are trying to announce upfront and take credit. Unfortunately for them, this back fired.

I think this strategy is very childish. Everybody knows that they do advocacy events. Administration acknowledges their name in some announcements. Like Q suggested, I think they should just be honest in saying that we have suggested these items to the administration and we have received positive response from them. There could be announcement on these very soon in few weeks (no need to give a date).

Why does it want all immigrants to rally behind them? Primary reason, ** would not exist if immigrants do not get involved in its efforts and then secondary reason - obviously the donations of immigrants to run their organization. (Note: There is nothing wrong in seeking donations since they actually need monetary support to carry out their plans... however the way they chide people for donations is over the top. Also some of the admins there are bullys).

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Originally Posted by Jagan01

Saw update on Oh-Law stating "Watch Visa Bulletin"

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The lawyers know jack sh*t, they (including AILA) carry absolutely no weight with the lawmakers and the administration. All they do is speculate wildly and regurgitate old news. Most of the immigrants take it as gospel and that is a tragedy.

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Originally Posted by qesehmk

Hopefully now you may have realized why this site was quit(e) while other sites were breaking down ;)

The reason is - we are driven by facts and analysis. We don't have any insider information, nor we have any contacts in high places.

We believe there is ample data out there that one can look objectively and try to figure out the green card mess and make intelligent decision about life and career today.

There doesn't have to be thousands of people following this site. If there is one that says - you saved me the agony of wait and helped me make best decisions -- we will be happy for that.

Sorry don't mean to preach to the choir (since I know many of you believe the same). But just wanted to reiterate the focus of this site.

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To Q and other fellow members
It was impressive to see the decorum and restraint observed by the members of this forum in the face of what seemed like a continuous barrage of information/interpretation of a 4 line e-mail. Everybody had their own views and obviously had no patience/time for counter-argument
Somehow I was reminded of the following story

http://www.noogenesis.com/pineapple/..._elephant.html

gten20 had the best approach to this

"whats the point of speculating till we actually hear something official... Nobody has any information other than ** and they are not sharing it. "

Unfortunately all this has served is to reopen the fault lines between India-China/ROW ,EB-1C/EB2/EB3 etc
It was heartening to see the members focused on the predictions thread to plan their life better than get carried away by the speculations.
My personal opinion for what it is worth is that the Administration has thoroughly reviewed what is possible and what is not under current law and clearly articulated that during the President's announcement last fall.The mileage from such an event has been extracted and there is no benefit to going back and revisiting the issue for them. We already know the points that were mentioned and all that remains is the follow through by the USCIS/DOS which appears to be on track and will be announced when ready

PS-I am equally guilty of getting excited when I saw the e-mail and was the first to post about it on this forum. Little did I expect that the situation would balloon out of control on all the other forums!

http://www.visalaw.com/is-something-brewing/

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Originally Posted by Kanmani

http://www.visalaw.com/is-something-brewing/

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You would see more lawyers coming out and saying the same thing. They knew nothing and probably know nothing but want to cash in on the free marketing. This was happening at the WH level and ** was working with WH to get these things out.

All those guys who think this is a PR disaster for ** need to understand we have no choice but **. We can all come to forums and discuss things ad infinitum but with no solutions or even an attempt at a solution. These ** leaders, American citizens and GC holders are working for you and me. The least we can do is to support them morally.

P.S. : I am a supporter of ** but not an active volunteer.

Please read ** facebook post where they already publicized the partial contents of the report before it is released.

What did they say?

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Originally Posted by abcx13

What did they say?

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It seems the post is now deleted. It's basically EAD for approved I-140 (for most)

Someone on Trackitt posted a link to an interesting Greg Siskind blog entry made today http://blog.ilw.com/gregsiskind/2015...rd-applicants/

Greg is at great pains to say he can't authenticate the document “Authority to Modify Certain Procedures Related to Petitions for Employment-Based Immigrant Visa Petitions”, so please bear that in mind.

From reading through it, I thought it worth noting some unsaid points that arise form it.

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1. USCIS would amend its regulations regarding the revocation or continued validity of approved I-140 petitions in cases where an employer withdraws the petition or terminates its business. Current regulations make such a revocation by USCIS automatic. The new rule would consider these I-140 petitions to remain valid for a beneficiary when “certain criteria are met.”

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Not much to say. According to the document, the criteria would be that the I-140 was approved for one year and the person was working in a "same or similar job".

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2. USCIS would issue a new rule providing employment authorization to beneficiaries (and their derivative spouses and children) of approved employment-based immigrant visa petitions.

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a) This is not the ability to file I-485 based on an approved I-140. In the article it says:

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The memorandum notes as well that while I-140 beneficiaries would be able to change jobs without fear of losing their underlying immigrant visa petition, most beneficiaries would be unable to adjust status in the US since they would no longer hold non-immigrant status. Consular processing would generally be the route to permanent residency (which, the memorandum notes, may have the side benefit of deterring fraud or misuse of the program).

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Presumably, like AOS applicants, the person would be able to remain in the USA based in a period of "Authorized Stay" by virtue of USCIS policy. Since it is not legal status, those days would count towards the number allowed under 245(k).

If this were to be true, it would be a major disappointment to many people.

b) Employment Authorization is mentioned repeatedly, yet Advance Parole is never mentioned.

Combined with (a) above, this would seem to have the effect of "landlocking" people, with no means to travel outside and return to the USA. To do so, without Advance Parole, it seems they would need to regain a valid non-immigrant status to return.

It may well be that is was discussed in the rest of the document, but Greg just failed to mention it. I think USCIS do have power to grant Advance Parole by Rule making.


I encourage people to read the full article and make their own mind up on what it says.

Finally,I can't stress enough that the document is not authenticated. Here's what Greg says:

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Here’s what I don’t know –
1. Who this memorandum was written by or directed to. It seemingly is intended for someone in a senior role vetting the implementation of the executive action proposals.

2. The timing. The memorandum doesn’t mention whether drafting has begun or when a notice of proposed rulemaking may be released. The fact that rulemaking is needed means that we’ll be waiting many months – my guess is about a year – before we actually see this proposal take effect.

3. Whether other proposals are still in the running including recapturing unused green cards from prior years or not counting derivatives in the green card quotas.

4. Whether this document is even real. I received this six page document anonymously and while it is very detailed and written in a way that suggests a great deal of inside knowledge about what is happening at the agency, I can’t yet verify its authenticity.

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Even despite the caveats, I still believe it is interesting enough to share. I don't think it represents what people would like to see. It may well be one of a raft of suggestions (the date of the document is not disclosed) and not necessarily what is announced.

The way I look at EAD for spouses and derivatives is :
Everything remains same for them. They will have to maintain an H4 visa and status all the time as before. The only addition would be employment authorization through EAD which allows them to work. So the question of not able to adjust status don't arise as they are supposed to maintain the H4 status all the time.

NB: This is a speculation from my side.

** commented on Gregs blog post
https://www.facebook.com/***********...17396671659891
[QUOTE]A member shared this earlier today: http://blog.ilw.com/gregsiskind/2015...rd-applicants/

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Originally Posted by gcq

The way I look at EAD for spouses and derivatives is :
Everything remains same for them. They will have to maintain an H4 visa and status all the time as before. The only addition would be employment authorization through EAD which allows them to work. So the question of not able to adjust status don't arise as they are supposed to maintain the H4 status all the time.

NB: This is a speculation from my side.

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gcq,

Having an EAD is one thing. Actually use it and the status is gone anyway.

The more I think about it, this must be one action that meshes with others - it doesn't make sense otherwise.

I cannot believe that how gullible employment based immigrants can be even after repeated false starts. The announcement drama and the the fiasco of no announcement was totally expected. Until illegals get their pound of flesh, this administration will do absolutely nothing for legals. So if there is no expanded DACA/DAPA due to the current court case then there is nothing for us.

Politics is part of it. But this administration at least is trying to do something. The gop is opposed to all kinds of immigration. Period.

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Originally Posted by kd2008

I cannot believe that how gullible employment based immigrants can be even after repeated false starts. The announcement drama and the the fiasco of no announcement was totally expected. Until illegals get their pound of flesh, this administration will do absolutely nothing for legals. So if there is no expanded DACA/DAPA due to the current court case then there is nothing for us.

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So if are illegal, even with the current blockade by the district court, you may not be deported under Obama's executive order, but if you are legal, waiting for over a decade for a GC, if your I-484 is denied, even over a minor technicality, you will be NOIDed and deported as per the law, and DHS will not apply prosecutorial discretion and overlook your presence. Obama's executive order wont protect you.

How absurd this whole thing is!

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Originally Posted by kd2008

I cannot believe that how gullible employment based immigrants can be even after repeated false starts. The announcement drama and the the fiasco of no announcement was totally expected. Until illegals get their pound of flesh, this administration will do absolutely nothing for legals. So if there is no expanded DACA/DAPA due to the current court case then there is nothing for us.

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All those who have a problem with obama's exec order - try getting anything done with GOP. Bringing in politics muddles things and serves no purpose. If u must bring politics in then at least study eb immigration and enlighten everybody what if at all both parties havedone for eb immigration. Otherwise your views are utter waste and doing disservice to eb immigrants.

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Originally Posted by qesehmk

All those who have a problem with obama's exec order - try getting anything done with GOP. Bringing in politics muddles things and serves no purpose. If u must bring politics in then at least study eb immigration and enlighten everybody what if at all both parties havedone for eb immigration. Otherwise your views are utter waste and doing disservice to eb immigrants.

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Q, I completely agree with you. Big O is our best bet. At the same time I want folks to be realistic and not get caught up in hoopla of announcements, delays of announcements, rule making blah blah. It is important to have the perspective that until expanded DACA/DAPA are implemented, nothing is to be implemented for the legals at least for GC stuff. Yes, there will plenty of "chirimiri" type things like H-4 EAD, expanded EB1-OR evidence acceptance etc. The only important thing from our perspective is ability to file I-485 once I-140 approved, and if not that then date movements (for which this site is the best predictor bar none).

Yes KD. I too think people shouldn't get caught up in hype. Couldn't agree more.

Even disagreement is fine (rather great!) when we can learn something from each other - because then it doesn't just help you and me - but it helps the readers too.

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Originally Posted by kd2008

At the same time I want folks to be realistic and not get caught up in hoopla of announcements, delays of announcements, rule making blah blah. It is important to have the perspective that until expanded DACA/DAPA are implemented, nothing is to be implemented for the legals at least for GC stuff. Yes, there will plenty of "chirimiri" type things like H-4 EAD, expanded EB1-OR evidence acceptance etc. The only important thing from our perspective is ability to file I-485 once I-140 approved...

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Originally Posted by qesehmk

All those who have a problem with obama's exec order - try getting anything done with GOP. Bringing in politics muddles things and serves no purpose. If u must bring politics in then at least study eb immigration and enlighten everybody what if at all both parties havedone for eb immigration. Otherwise your views are utter waste and doing disservice to eb immigrants.

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I disagree GOP won't do anything on immigration if they have their way. They are working to reduce immigration into half.
http://www.fairus.org/DocServer/GR/F...enda_114th.pdf

Thanks God things are stalled in Congress.

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Originally Posted by qesehmk

Yes KD. I too think people shouldn't get caught up in hype. Couldn't agree more.

Even disagreement is fine (rather great!) when we can learn something from each other - because then it doesn't just help you and me - but it helps the readers too.

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Another case in point ...supposedly there is an event to be held next month in DC for HR 213 or whatever the current flavor is of the bill to remove country quotas....to drum up Republican support for it. This is after the said group has come in favor of Big O's exec order. Tell me which Republican leadership is going to support this effort no matter how sensible the thing you are fighting for is everybody's eyes.

I appreciate the community building effort and grassroots effort but it is misleading in my eyes to lead people into false belief that such events help one bit in moving the needle or the cause. It does not. Just ask all the groups that have and are fighting for the undocumented. May be I am jaded and cynical but I have also lived in this country over a decade and seen no meaningful change in quotas or the politics. 2 yr EAD ..EB2 before EB3 for spillover etc ...things like that ...not to diminish their value but you get the gist.

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Originally Posted by kd2008

May be I am jaded and cynical

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Yes you are.

kd - i agree with you on the futility of the effort.

The reason that effort is futile is because immigration is not just an economic but political and strategic imperative for United States. Advocacy won't help especially when you are NOT addressing the other party's view points!!!

The only thing that is going to work is a legal challenge to the quota system. The law will have to address your grievance and validate the constitutionality of the country quota system against discrimination laws which clearly say that one can't be discriminated against based on nationality. I have also said previously that not only this is against existing anti-discrimination laws but also perhaps against the constitution which is based upon fundamental American belief that "All men are created equal".

The moment DOS puts you in a different line based purely on where you were born --- that is discrimination and is against the creed of equality at birth.

** -- is full of idiots who are full of themselves. Either they don't understand the game or they are taking immigrant community for a ride.

My recommendation to EB guys on this forum is - organize and form an organization with the single short term goal of challenging the country quota. Don't have any other goal. Just keep this one simple goal in mind.

I personally already am through the GC door. Lucky me. It's your fight. Take up the challenge. I am sure you will win. I will help what i can through this forum.

For one reason or other all other EB groups have eased their pain somehow or other. EB-I (both EB2 and EB3) are left with Katora in their hands. Even with EO - your slavery will continue. **'s agenda - although I wish them well - is not going to make any material difference.

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Originally Posted by kd2008

Another case in point ...supposedly there is an event to be held next month in DC for HR 213 or whatever the current flavor is of the bill to remove country quotas....to drum up Republican support for it. This is after the said group has come in favor of Big O's exec order. Tell me which Republican leadership is going to support this effort no matter how sensible the thing you are fighting for is everybody's eyes.

I appreciate the community building effort and grassroots effort but it is misleading in my eyes to lead people into false belief that such events help one bit in moving the needle or the cause. It does not. Just ask all the groups that have and are fighting for the undocumented. May be I am jaded and cynical but I have also lived in this country over a decade and seen no meaningful change in quotas or the politics. 2 yr EAD ..EB2 before EB3 for spillover etc ...things like that ...not to diminish their value but you get the gist.

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I agree with Q that advocating to remove the country quotas is our best bet. If any forum members are interested in trying to do something, I would like to be a part of the effort. I can volunteer time but will probably be unable to travel to DC for advocacy. PM or post if people are interested in getting something off the ground.

Totally on a side note, I wanted to pitch in about possible H1B extension complications because of the H4 EAD rule. Moderators, if this needs to be put somewhere more appropriate, please feel free to do so.

I was chatting with my attorneys today about it. Earliest extension of H1B is 6 months before the expiration. So basically you have 6 months to file your H1/H4 extension and also file your H4 EAD extension application. Although you can file it all these applications concurrently, I was told the H4 EAD processing time is 90 days (3 months) since the approval of the H1/H4 extension (Whats the point of concurrent filing??). That gives us only 3 months to for approval of the actual extension. Its not uncommon for USCIS to take 3 months for processing H1B extension which is cutting it close. If there is RFE, this just makes the situation worse and the spouse may have to quit her job when the EAD expired. (Note that once the EAD has expired, you are not authorized to work even if there is a pending application).

This means that you may have to do premium processing on extensions which may have been quite unnecessary before. Many companies (like the place I work for) don't pay for premium processing on extensions, so it may have to come out of your pocket. Added to that, USCIS has stopped accepting premium processing for H1B extension till July 27th.

It feels like BO gave us something and also feels like he gave us nothing.

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Originally Posted by axecapone

Totally on a side note, I wanted to pitch in about possible H1B extension complications because of the H4 EAD rule. Moderators, if this needs to be put somewhere more appropriate, please feel free to do so.

I was chatting with my attorneys today about it. Earliest extension of H1B is 6 months before the expiration. So basically you have 6 months to file your H1/H4 extension and also file your H4 EAD extension application. Although you can file it all these applications concurrently, I was told the H4 EAD processing time is 90 days (3 months) since the approval of the H1/H4 extension (Whats the point of concurrent filing??). That gives us only 3 months to for approval of the actual extension. Its not uncommon for USCIS to take 3 months for processing H1B extension which is cutting it close. If there is RFE, this just makes the situation worse and the spouse may have to quit her job when the EAD expired. (Note that once the EAD has expired, you are not authorized to work even if there is a pending application).

This means that you may have to do premium processing on extensions which may have been quite unnecessary before. Many companies (like the place I work for) don't pay for premium processing on extensions, so it may have to come out of your pocket. Added to that, USCIS has stopped accepting premium processing for H1B extension till July 27th.

It feels like BO gave us something and also feels like he gave us nothing.

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To be fair.. it's not on BO.. it's USCIS who cant handle the workload.

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Originally Posted by idiotic

I disagree GOP won't do anything on immigration if they have their way. They are working to reduce immigration into half.
http://www.fairus.org/DocServer/GR/F...enda_114th.pdf

Thanks God things are stalled in Congress.

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http://www.independent.co.uk/news/uk...-10267048.html

Conservative party in UK also on same lines. Will be no surprise if all republicans will tend to move more right on immigration in US here.

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Originally Posted by idiotic

http://www.independent.co.uk/news/uk...-10267048.html

Conservative party in UK also on same lines. Will be no surprise if all republicans will tend to move more right on immigration in US here.

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Christie already started the trend.

Rule making process initiated for I-140 EAD

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AC05

NO specifics. wait wait wait ..just like before ...wait wait wait ...tiny slivers of hope ...wait wait wait...

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Originally Posted by kd2008

Rule making process initiated for I-140 EAD

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AC05

NO specifics. wait wait wait ..just like before ...wait wait wait ...tiny slivers of hope ...wait wait wait...

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Details are here.. 6 page doc already released early this week

http://blog.ilw.com/gregsiskind/2015...rd-applicants/

TCS, Infosys under probe for H1B voilations
http://www.thehindu.com/news/nationa...cle7309212.ece

Republican presidential hopeful wants to curb legal immigration.

http://www.reuters.com/article/2015/...0PG0AS20150706

Why am I not surprised at all? Hopefully all immigrants who have the power to vote come out and drive out such nut jobs.

it is unlikely the GOP will win the presidential election but it also unlikely that the grid lock in Congress is going to go away. So major policy decisions are not going to made without truly diluting the original intent.

I don't think it is unlikely at all that GOP wins in 2016. At best its a 50:50 crapshoot.

Anyways - the recent escalation in nativist rhetoric in GOP is very alarming. In 2017, GOP may have the presidency along with majorities in the house and the senate. Only think standing between them and anti-immigration legislation will be a democratic filibuster. Its scary.

Posterity will remember how Boehner let go of the best opportunity to do immigration reform. If only he had brought the senate bill to the house floor.

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Originally Posted by vizcard

it is unlikely the GOP will win the presidential election but it also unlikely that the grid lock in Congress is going to go away. So major policy decisions are not going to made without truly diluting the original intent.

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