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Speculation On Visa Recapture Or Reinterpret Counting Out Dependants?

Discussion in 'General discussion about executive action' started by Ron Gotcher, May 29, 2015.

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  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This is a new thread for speculation about Visa recapture or reinterpreting counting out dependants?
     
  2. nohohon

    nohohon Junior Member

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    *Sigh* Neither of these is likely to happen without Congress...which just means that neither is likely to happen, period. I want them to - just being realistic.
     
  3. ColumbusDude

    ColumbusDude Active Member

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    I would not bet on it. EO is still a possibility.
     
  4. kkrun

    kkrun Member

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    Yes, the hope of one "significant movement" still rages on!
     
  5. Rick D

    Rick D Active Member

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    I have a feeling things will be clearer after the AILA conference next month. DoS will be asked a lot of questions about this and they will likely say something that will reveal whether they are going to do it or not. I still have hope, but I wouldn't bet my life savings on it.
     
  6. stanii

    stanii Member

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    guess my H1 transfer might collide with this. Royally torn!!
     
  7. Rick D

    Rick D Active Member

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    If I had to make a decision I would make it solely on the merits of the new opportunity, without any regards to what might or might not happen. If something good were to happen the day after you changed jobs, you will still catch up in a year or so while being at a presumably better job. Whereas if things dragged on or nothing happened, you will have to wait it out while wondering what would have happened if you had taken the better offer.

    Sorry for the unsolicited advice but I see this dilemma with a lot of people due to the nature of the current situation.
     
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  8. Tim Johnson

    Tim Johnson New Member

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    Should a VB be released with additional numbers due to recapture, how do you think those extra numbers will be dispensed between EB and FB? Will they only inject into EB, or a split between the two?
     
  9. Senram

    Senram Member

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    Based on my understanding recapture is not feasible by EO. Even no clue except the term called Visa modernization.What is the new information about recapture in recent few weeks? Only recent hint was from IV that some VB movement, prepare for I485 etc but at the same time they were saying recapture is difficult. So their news is confusing at the best as always.
     
  10. Ash_L

    Ash_L Super Moderators

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    I think that apart from 2R's (which is highly speculative at this time) some relief can come by advancing dates (specially for EB2I) which already has quite a good inventory of pre-adjudicated 485s. This will help USCIS prevent any wastage in the current year (which as per CO is not a big issue this year anyways as there is enough inventory to exhaust the quota for this year) but also provide a good count on EB3-EB2 porting that may have happened, which helps with accuracy for the upcoming year(s). Moreover with the processing delays and inconsistencies in number of filings in various categories its a good strategy to have a healthy number of approved 485s in oversubsbcribed categories to reduce the chances of wastage
     
  11. Kamakazee

    Kamakazee Super Moderator

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    Charlie O has already mentioned that advancement of dates will significantly decrease in the coming months for the remainder of the year. The only way dates can advance is if new visas are injected in the quota.
     
  12. s_gan

    s_gan Super Moderator

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    which seems very unlikely ...
     
  13. Kamakazee

    Kamakazee Super Moderator

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    But that is contradictory to what IV said. Also, I think it is pretty clear that this proposed rule is "one of the fixes" and there are some other fixes which can be done by policy memorandum. IV said this too and the last time when I attended the USCIS stakeholder meeting in Jan and asked Leon R. about these fixes, he specifically mentioned "some fixes will take longer as they have to go through rulemaking, but some fixes we intend to implement immediately by policy memorandum so that we can declare some early victories".

    The question is, if they are not recapture or statute reinterpretation, what are those? I am sure it was not just the L1B clarification. It was a separate item on the EA.
     
  14. Kamakazee

    Kamakazee Super Moderator

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    Just read the latest IV forum. As latest as 5/29, they maintain that VB dates will "move significantly".
     
  15. stanii

    stanii Member

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    Significantly move - Forward or Backward?
     
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  16. Kamakazee

    Kamakazee Super Moderator

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    LOL. I do not think they will "announce" if there is a significant backward move. They cannot take credit in a backward movement.
     
  17. ARam

    ARam Guru

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    Significant is relative and therefore open to interpretation. Would move to 2013 be considered significant for EB2? What about EB3? CO said sometime back that recapture will make dates across categories current, I'm not sure if it still holds. I think Ron and s_gan had some calculations on it. As you rightly say even if the dates moved to say 2010 or early 2011 for some reason, they will declare victory....something needs to happen soon...I have a nagging suspicion on this.
     
  18. speedracer

    speedracer Guru

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    IV did stick to their guns and stood behind the "significant movement" announcement, as for the big announcement, they are getting all the ducks in row .. rules waiting for NPRM and removing technology bottlenecks.. hope the announcement will come in few weeks or in the words at DC - "very soon"
     
  19. ARam

    ARam Guru

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    What ducks does IV have to get in row? Lets see whats written in our fate...after all hope was BHO's campaign slogan :)
     
  20. Karl chin

    Karl chin New Member

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    IV said the big announcement was delayed due to technical bottlenecks for only weeks and not months. This Friday it will start to enter months since they predicted 5/6 for an announcement. Where are they now? Boy did they play with the emotions of thousands of us. Aman Kapoor and other folks @IV are you listening?
     
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