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Reinterpretation Of The Quota Statute/recapture Of Visas

Discussion in 'Definitional changes/clarifications' started by Ron Gotcher, Mar 11, 2015.

  1. rsr_am

    rsr_am New Member

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    A recapture request signed by 71 dems is made public today by IV
     
  2. s_gan

    s_gan Super Moderator

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    One should be a loon to propose giving GCs to every masters degree holder.
     
  3. Kamakazee

    Kamakazee Super Moderator

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    I believe it was proposed in the CIR. But it does not matter as nothing is moving as far as legislation is concerned. The administration will do what they think they are legally allowed to do including recapture, at least a support letter from 71 members of Congress helps the cause.
     
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  4. s_gan

    s_gan Super Moderator

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    understand. The purpose for holding hearings is only to stall exec actions as we have seen in the past.
     
  5. speedracer

    speedracer Guru

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    with only 2 years in office , I don't think they will stall this time, they have to move forward to win the next election..
     
  6. Kamakazee

    Kamakazee Super Moderator

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    The study is being prepared jointly by all agencies including DOS. So, if they plan on taking any actions like statute reinterpretation and/or recapture, would that be included in the study? Will that include some legal overview that they are within their legal grounds to implement it? Simply wondering what the contents of the study could be.
     
  7. s_gan

    s_gan Super Moderator

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    I think there is enough room to re-interpret statute to count out EB based dependents and recapture numbers that were lost between 2002-2007. The question is do they really intend to help ?
     
    Last edited: Mar 18, 2015
  8. yubeie

    yubeie Member

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  9. Senram

    Senram Member

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  10. Kamakazee

    Kamakazee Super Moderator

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    The thing is some of us including me, you and Ron believe there is enough room to reinterpret the quota, but the real issue is if they share the same view too. Of course, after that will come the implementation part.
     
    Last edited: Mar 18, 2015
  11. Kamakazee

    Kamakazee Super Moderator

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    There is no doubt about that. Employers are getting extremely savvy in using the "specialized knowledge" term and are basically using the L1B to do the job of an H1B. This is extremely handy since there is no quota. L1Bs are paid salaries of their country of origin, are given a daily allowance and their rent is paid. The L1Bs like these too as their spouses can immediately start working on their L2 EADs and that's where they make money while not paying rent.
     
  12. speedracer

    speedracer Guru

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    Kkz ... are you going to be on call tomorrow??????
     
  13. s_gan

    s_gan Super Moderator

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    Ron,

    What do you think about lawmakers asking Obama to recapture visa numbers ? IMHO, they would not be asking for it if they knew it is not possible.
     
  14. Kamakazee

    Kamakazee Super Moderator

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  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That's nice that they support the idea, but I didn't see anything in that letter about the legal basis for recapturing visa numbers.
     
  16. mgfag2000

    mgfag2000 Member

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    Man, this wait is killing me. Like I said earlier, at this point, anything (recapture, counting out dependents etc.) is going to help me...unfortunately the 140 to EAD will not coz that will take another 6-8 months. My hope is that the session tomorrow will force DOS to make the dates current. If that happens in April bulletin and that is a big if, I will be able to file my 485 in May. I wish the whole revocation of 140 by employers was repealed too. I just cannot explain how much of a torture it has been with my current employer especially the last 12 months or so.
     
  17. montyp80

    montyp80 Junior Member

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    Believe me there are thousands of people out there in similar situation.

    Just don't get your hopes to high because at the end of the day its just the game of politics my friend.

    Be hopeful, but do so cautiously...
     
  18. s_gan

    s_gan Super Moderator

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    I am in the same situation. I think the administration believes recapture/counting out dependents is possible otherwise you would not have seen Q15 and Q16.

    I am just praying god.
     
  19. Kamakazee

    Kamakazee Super Moderator

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    Cautiously optimistic, though I seriously doubt there will be any sort of announcement. Hopefully there will be enough hints and an update on where they stand with the proposed rulemaking. What about the report? Isn't it supposed to come out today or tomorrow?
     
  20. Kamakazee

    Kamakazee Super Moderator

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