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Reducing Green Card Backlogs

Discussion in 'Visa Modernization' started by divinewind, Nov 21, 2014.

  1. Kamakazee

    Kamakazee Super Moderator

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    Saves them the hassle of doing all the paperwork for H1B and later GC if they want to. And also, they can let that employee go when the project is over. Doesn't have to pay for the airfare back. That's when the employee "sits on the bench" till he is assigned to another company for another project. L1 is now widely abused and many say it is used as a substitute to H1B. Plus it has it added perks - they have no wage determination and the spouses can work immediately.

    USCIS is well aware of the L1 abuse. Yet they still needed a Presidential memo to clarify this mess. And this too has no timeline just like all the other stuff for the legals because you have to follow the "regulatory process".
     
  2. Amit Patil

    Amit Patil New Member

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    Does "re-interpretation of statute" needs to go through rule making process?
    Or can they make that call after the 120 day analysis?
     
  3. RealisticOptimist

    RealisticOptimist Member

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    as far as I know and according to Ron, if they decide to do the reinterpretation, it would take immediate effect. no rulemaking necessary
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No rulemaking will be necessary if they decide to do this.
     
  5. Amit Patil

    Amit Patil New Member

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    wow.. thats awesome.. i hope they are working on this and this gets released after 120 day period....
    Do you inside sources tell that this is something on the horizon?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I haven't heard any specific buzz on this.
     
  7. Amit Patil

    Amit Patil New Member

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    But you do believe this will happen some time in 2015.
    This is a one thing that will get us out of the backlog....

    do you have any predictions on visa movement for EB2I in FY 2015?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, I do believe that it will happen in 2015.
     
  9. msr

    msr Member

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    Hi Ron,
    Do you think there will be any movement ( Visa Bulletin ) in EB2 Category in near future ( March or April 2015 ) ?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Possibly in May or June - according to the Visa Office.
     
  11. msr

    msr Member

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    Few people are predicting 2015 as worst ever year for EB2 folks when it comes to availability of Visas. Fingers crossed.
     
  12. s_gan

    s_gan Super Moderator

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    Unless derivatives are counted out, FY2015 will be a very bad year for EB2I. A backlog of 15,000 for ROW + 20,000 for FY 2015 can even retrogress ROW.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I very seriously doubt that EB2 Worldwide will retrogress. Even under the worst circumstances they are looking at a guarantee of 36,000 visas - minus the carve outs for India and China.
     
  14. msr

    msr Member

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    Thanks for your input, Ron.
     
  15. Kamakazee

    Kamakazee Super Moderator

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    Ron,

    As per the discussions above, allowing to "pre-register" for AOS with approved I-140 when visa number is not available has to be a policy change via the regulatory process which could be time consuming. Yet if they decide to do the reinterpretation, it does not need the rulemaking process and can be implemented immediately.

    Wouldn't it be much easier to come out of the study with this solution and implement it? The EB categories will become current and stay current for a while which allows people to file for AOS anyway. They can keep working on the rule in the sideline so that once the categories retrogress, that's when the new rule can be helpful.

    Does this sound too sensible so they will probably not do it and/or do they have enough heart to do this?
     
  16. Rick D

    Rick D Active Member

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    The optimist part of me thinks that they will come out with statute reinterpretation after the study period. They couldn't advertise it without demonstrating enough legwork and study, and at the same time they couldn't have had nothing for the EB reforms. Pre-registration could just have been a way to fill that gap. Once they do come out with reinterpretation, pre-register rule will go on the back burner like h4 EAD did for a while, until the next retrogression. However that won't impact anyone negatively since everyone will become current anyway.
     
  17. DamperGreen

    DamperGreen Junior Member

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    Who are these few people, and what is their data point ?
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think that they are trying to look at the long term solution. Without an actual increase in the 140,000 limit, even after removing dependents we will again hit the limit at some point. I think that they want to deal with that eventuality now.
     
  19. menons

    menons New Member

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    Hi Ron,

    In case EB3 ROW does become current and there are unusd visas in that category.. will it positively affect EB 3 India ?
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes. The unused Worldwide EB3 visas would spill over and become available to applicants from countries limited by the quota. Visas would go to those with the oldest priority dates first, irrespective of their countries of birth.
     

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