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Details and prediction of Executive Order


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Amid the executive orders, here are some tips and suggestions depending on where you are in the immigration process. 

1. US citizens , including dual citizens from Muslim countries- No problems for you. Travel and work not impacted. Be careful visiting Muslim countries and don't announce your citizenship blatantly as some countries may retaliate.

2. Green card holders, including citizens of Muslim countries. No problems for you either. You are a permanent resident. Travel and work will not be impacted. There are some people on Twitter who are falsely saying that GC holders from Muslim countries will not be able to re-enter. This is not true based on what we know. That stipulation is for some people from some Muslim countries who have a visa and/or Advance Parole. Details are not finalized yet but again green card holders are lawful, legal permanent residents and will not be impacted.They are PERMANENT residents.

3. I-485 pending and PD is current: Just go about your business and expect to get your GC soon.

4. Possessing EAD and AP: There is some uncertainty how AP will be affected. The leaked draft (see link above) suggests that advance parole will be affected for Muslim countries but again this is a draft. So far nothing suggests Indians on AP will be affected.

5. I-140 approved, I-485 not applied because PD is not current and won't be current in the foreseeable future: Based on the executive order and what's in the leaked memo, significant changes may impact you in the next few months/years. Nothing is guaranteed but prepare to deal with uncertainty. Have plan Bs depending on the case

* If you are in the EB2 category, work to qualify for EB1. Notify your employer about changing immigration laws and how it may impact you and them. Be proactive and communicate clearly and professionally.

* If you are in the EB2 India category with PD later than 2010 onward, think hard about a possible plan B. Expect the best but prepare for alternatives. This group will probably face the most uncertain times.

* If your H1B is up for extension, file now with premium processing.

* If you want to go for stamping, nothing has really changed. Be confident and as long as you have followed the law, nothing has really changed. Reminder: This post is for Indians only, which so far has not been listed as a Muslim country.

* If you are on H1B with no I-140, then try hard to stay in your current job until the I140 is approved. That will give you options to transfer to another company and maintain your priority. Realize that you will have to renew and stamp your visa as needed until your PD becomes current. Pending bills like the $100K floor and "hire Americans first" may impact you down the line but these are just bills and no decision has been made. You may get RFEs for H1B filings with a new employer or with extensions but again these bills have not passed yet.

* If you are on H4-EAD, it is possible that it may be revoked this year, based on what's in the leaked draft (read the link at the top). Again, nobody know but be prepared for alternatives. Going to H1B is one option. If you are qualified, you may also try to apply through EB1. With enough time, a lot of people can upgrade to higher categories.

* If you are on OPT, the OPT extension beyond 12 months may be revoked. Undecided as of now. Read the link at the top. Try to get in the lottery for H1B this year. Start preparing now.

* If you are on F1, just wait it out till you are close to graduation. There are so many unknowns at this point, it is better to focus on your immediate goals.

Remember that as long you you waiting for PD to become current, you have to maintain valid immigration status (H1/L1/F1) etc.

Do not over stay your visas 
Do not work without authorization 
Do not work for cash 
Don't drink and drive. 
Don't do anything stupid that will get you on the radar. If you get caught, it will hurt your immigration chances.

Unfortunately the winds have changed and the atmosphere is not very immigrant friendly (legal or illegal) so avoid talking about Trump or immigration at your workplace. You never know who is pro/anti immigrant. Don't discussion such topics with your manager or co-workers. Stay professional and focus on your work. Be sure to talk to HR and keep them in the loop.

A general suggestion that will improve your overall chances is to work for established American companies that tend to have stability, are professional and will treat you likewise. You will be better off being on a visa with Facebook, Microsoft or any other even small company that is legit as opposed to shady desi consulting companies in New Jersey. Also if you work for HCL, TCS, Infosys etc, remember that there are 100s , possibly 1000s of desis in the same boat as you so the companies may make decisions that will impact a broad group of people. Sometimes it hurts to be in a big group because you may not have clout for your individual case. If you work for a smaller American firm that employs say a 100 people and there are only 4 H1B employees, you have more arms-length bargaining power over immigration matters.

Lastly, if you think immigrating to the US is going to be hard, consider Australia, Germany and Canada. All 3 countries are currently seeking qualified legal immigrants for permanent residence.

prediction is that things are going to get very ugly before they get better so better to be prepared to avoid shocks

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