waiting_4_gc
07-27 07:09 PM
why not 1 to Mr. Emilio Gonzales and 1 to Dr. Rice...just to be on safe side...in case none of these centers accepts your application :D
How about one for local senator :D :D
How about one for local senator :D :D
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anai
07-19 02:41 PM
Thanks, but seems like this is not what i was looking for. I was looking for the Jun 16/17th memo about initial evidence. Do you have that one?
Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.
Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.
pd_recapturing
04-10 11:15 AM
Sanbaj, Is there any update regarding your case ?
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nag2007
10-11 04:12 PM
Has anyone thought of the people who missed the august 17 deadline because the labor was not cleared within time. Because of no mistake from ourside, we have to suffer. What a screwed up legal situation ?
As of now PD is apr 2001, I dont know when will it move ?
Thx
Nag
As of now PD is apr 2001, I dont know when will it move ?
Thx
Nag
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belmontboy
05-18 07:08 PM
I ONLY believe in MERITT based system.
I never voted against anything so far!!:D
going by the visa bulletin u will never get a chance to vote in USA :p
on a serious note, its due time that we accept not getting anywhere with one magical EB reform. we should stop waiting for the magic bullet and rather focus on getting our issues resolved in bits and pieces
I never voted against anything so far!!:D
going by the visa bulletin u will never get a chance to vote in USA :p
on a serious note, its due time that we accept not getting anywhere with one magical EB reform. we should stop waiting for the magic bullet and rather focus on getting our issues resolved in bits and pieces
reddog
01-26 12:03 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
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amitps
10-11 10:11 PM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Did you attend the rally?
Did you attend the rally?
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OLDMONK
06-27 03:21 PM
using a flash is ok, just be careful if you wear glasses (you might need some retakes before you get it right). and turn on red eye removal. 3.2 mp for the size (2x2) of picture is good enough.. Even 1 mp is good enough if you are zooming in to take pictures. but if you are cropping a 1 mp picture to take out surroundings, its better to use 2mp plus camera.
When using a flash you get harsher shadows, to counter that have light source both from left right and top and do the picture in daytime with atleast some natural light. Remember stand atleast 2 feet away from the white background.
Flash results specially in home environment without proper lighting won't be good at nighttime unless you use multiple synchronised flash guns.
I guess the other persons remark regarding flash may be related to lighting / over exposures/ shadows. (make sure you wipe your face if you have oily skin - no kidding )
In the end if you really want to make your pictures look good and per specifications go to a portrait studio.
When using a flash you get harsher shadows, to counter that have light source both from left right and top and do the picture in daytime with atleast some natural light. Remember stand atleast 2 feet away from the white background.
Flash results specially in home environment without proper lighting won't be good at nighttime unless you use multiple synchronised flash guns.
I guess the other persons remark regarding flash may be related to lighting / over exposures/ shadows. (make sure you wipe your face if you have oily skin - no kidding )
In the end if you really want to make your pictures look good and per specifications go to a portrait studio.
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test101
07-10 08:04 AM
we need to focus our effort on the EB situation not on LOU DOBB...
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gvenkat
10-31 05:37 PM
Applied online, Mailed my 485 receipt, The cover page that was generated. 2 photos, reason why I need AP.:)
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aray
04-01 04:30 PM
Sent Fax# 10.
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natrajs
07-14 12:13 PM
"Long Journey. Finally GC
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
Applied for EB1 and NIW in July 2008.
My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
The main problems were:
Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
Could not go to certain occasions, like death of very close family members, weddings etc.
However, I kept my cool and prayed and got lot of support from Immigration voice.
As a small token of appreciation, I am donating $500 .(and will keep on supporting)
We all are going to get GC, some sooner some later. Just keep on doing you job.
Thanks you all for all the information and support.
J2GC (J-1 visa to GC)"
Congrats and Best Wishes ( Its a Loooooooooooooooooooooooong Journey)
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
Applied for EB1 and NIW in July 2008.
My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
The main problems were:
Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
Could not go to certain occasions, like death of very close family members, weddings etc.
However, I kept my cool and prayed and got lot of support from Immigration voice.
As a small token of appreciation, I am donating $500 .(and will keep on supporting)
We all are going to get GC, some sooner some later. Just keep on doing you job.
Thanks you all for all the information and support.
J2GC (J-1 visa to GC)"
Congrats and Best Wishes ( Its a Loooooooooooooooooooooooong Journey)
more...
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dc2007
08-23 04:55 PM
I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.
Anyways, I think the moderators should not forget that this is an open forum also. And it has become popular because of people like us. As of now I am using this site as a forum where I get some info/experience from people like me regardng GC. Its an important thing (to get GC) and a painful process. May be thats why this site/forum has got so many serious members, spending time and sharing their so much personal information.
But to me (its just me), GC is important but not a life/death thing and there are lot of other things which are more important to me other than getting GC. Frankly speaking, I will spend time and money in those other things at this time. May be sometime later when I will be more comfotable and have more exp. with persons here, I might participate actively here too. And I believe lot of others might have similar thoughts.
My point here is that:
1. This is an open forum (like immigrationportal etc.) to discuss/share views/exp about GC process. So let it be like that only. If its not, then I will ask moderators to "please close this open forum".
2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.
3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.
Good Luck to all of you
Anyways, I think the moderators should not forget that this is an open forum also. And it has become popular because of people like us. As of now I am using this site as a forum where I get some info/experience from people like me regardng GC. Its an important thing (to get GC) and a painful process. May be thats why this site/forum has got so many serious members, spending time and sharing their so much personal information.
But to me (its just me), GC is important but not a life/death thing and there are lot of other things which are more important to me other than getting GC. Frankly speaking, I will spend time and money in those other things at this time. May be sometime later when I will be more comfotable and have more exp. with persons here, I might participate actively here too. And I believe lot of others might have similar thoughts.
My point here is that:
1. This is an open forum (like immigrationportal etc.) to discuss/share views/exp about GC process. So let it be like that only. If its not, then I will ask moderators to "please close this open forum".
2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.
3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.
Good Luck to all of you
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realizeit
02-11 11:53 PM
Mr MPADAPA,
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
more...
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ppt.b
04-09 11:42 AM
Agreed 100%. Last year I was part of this lottery system, had a genuine job offer but was not lucky enough to be selected in the lottery. I know so many people who were lucky to get thru the lottery but are still hunting for jobs.
I hope this changes....may be after Presidential elections....
I hope this changes....may be after Presidential elections....
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saileshdude
02-22 03:47 PM
Hi,
Can you please provide me with the information about the questions your friend faced? In my case the client side project was completed. I would appreciate your response.
Sent you a PM. Could you reply? Thanks.
Can you please provide me with the information about the questions your friend faced? In my case the client side project was completed. I would appreciate your response.
Sent you a PM. Could you reply? Thanks.
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rvr_jcop
02-14 11:42 AM
I got LUDs on 2/10 on both mine and my wife's 485. My wife got an RFE email on 02/13. I do not know what this means either...
Looks like lot of EB-3 applications who filed 485 at the end of june got LUDs last week, some with RFE and some just soft LUD.
I got LUD on 2/10 for both my 485 and my wife's 485., though no RFE so far.
Looks like lot of EB-3 applications who filed 485 at the end of june got LUDs last week, some with RFE and some just soft LUD.
I got LUD on 2/10 for both my 485 and my wife's 485., though no RFE so far.
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TomPlate
02-28 12:33 PM
No, because those cases are not outside of processing times.
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
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VSS2007
06-26 04:12 PM
Could you please send to me also?
Send you a PM also.
Send you a PM also.
bbct
06-19 11:12 AM
I just sent you a PM also.
I am not on EAD but on H1-B. I have a approval notice until 09/30/2010, but did not got the visa stamped. How should I replace "the EAD" portion in the letter?
Thanks
I am not on EAD but on H1-B. I have a approval notice until 09/30/2010, but did not got the visa stamped. How should I replace "the EAD" portion in the letter?
Thanks
vin13
06-25 03:39 PM
Source:washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/06/25/AR2009062501914.html?hpid=moreheadlines)
Just hours before President Obama hosts lawmakers for a discussion on immigration at the White House, Chief of Staff Rahm Emanuel conceded that Obama and his allies on Capitol Hill do not have the votes to pass a comprehensive reform bill.
"If the votes were there, you wouldn't need to have the meeting. You could go to a roll call," Emanuel told reporters during an hour-long breakfast.
About 20 senators and House members are due to arrive at the White House at 2 p.m. for the discussion in the State Dining Room. Aides to the president said the meeting was intended to "launch a policy conversation by having an honest discussion about the issues and identifying areas of agreement and areas where we still have work to do."
The president will announce administrative actions that the White House has already taken to chip away at the issues, including a modernization of computers that allow people to quickly see their immigration status. Officials said the White House hopes to begin the more controversial debate over a comprehensive approach to address illegal immigration later this year.
But Emanuel offered reporters a more realistic assessment, saying that while it is "not impossible" to get immigration reform done this year, it is more likely to be pushed off.
"It's not impossible to do it this year," he said. "Could you get it in this year? Yes. I think the more important thing is to get it started this year."
Responding to a question about the political implications for Democrats of delay, Emanuel said, "It's better that it happens politically. It's also better that we continue to focus on improving the economy."
Just hours before President Obama hosts lawmakers for a discussion on immigration at the White House, Chief of Staff Rahm Emanuel conceded that Obama and his allies on Capitol Hill do not have the votes to pass a comprehensive reform bill.
"If the votes were there, you wouldn't need to have the meeting. You could go to a roll call," Emanuel told reporters during an hour-long breakfast.
About 20 senators and House members are due to arrive at the White House at 2 p.m. for the discussion in the State Dining Room. Aides to the president said the meeting was intended to "launch a policy conversation by having an honest discussion about the issues and identifying areas of agreement and areas where we still have work to do."
The president will announce administrative actions that the White House has already taken to chip away at the issues, including a modernization of computers that allow people to quickly see their immigration status. Officials said the White House hopes to begin the more controversial debate over a comprehensive approach to address illegal immigration later this year.
But Emanuel offered reporters a more realistic assessment, saying that while it is "not impossible" to get immigration reform done this year, it is more likely to be pushed off.
"It's not impossible to do it this year," he said. "Could you get it in this year? Yes. I think the more important thing is to get it started this year."
Responding to a question about the political implications for Democrats of delay, Emanuel said, "It's better that it happens politically. It's also better that we continue to focus on improving the economy."
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