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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. djayash

    djayash Guru

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    per my understanding , it was in dec 2014 for at least 3 weeks....
     
  2. WhatSheSaid

    WhatSheSaid Member

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    Thanks a lot, Ron. Please let us know if we can do anything to help!
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The DoL is shifting resources around to try to bring down processing times across the board (which includes audits and supervised recruiting). If they ever go over to a fee based system, processing times should shorten considerably as they will then have the resources to hire more people.
     
  4. Kamakazee

    Kamakazee Super Moderator

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    Ron, how hard are they pushing for this fee based system? Is there any opposition to this? Most will prefer to pay a fee if it does provide approvals in a more efficient manner.
     
  5. mar212011

    mar212011 Well Regarded Member

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    The fee based system is part of the rule making for PERM modernization right? maybe early next year?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The authority for fees is already in the regulations. All they have to do is announce the fee amount. The new proposal will include a fee for premium processing.
     
  7. mar212011

    mar212011 Well Regarded Member

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    I see somewhere i also read they are requesting for additional funds for 2016 to add more people, i hope they bring down the processing times atleast sooner
     
  8. agulv

    agulv Guru

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    Before they hike the fee and start Perm Premium they need to address the back log. There will be lot of porting and we may just not see any EB2I movement.
     
  9. jdoe99

    jdoe99 Well-Known Member

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    They dont care about the backlog or porting as it affects only one country to a great extent and a couple others to a smaller extent. Fixing/speeding up PERM however will get them some brownie points as it affects everyone.It also will show them in good light as the times come down. They will justify the movements for countries as an artifact of the country demand and limits.

    do you honestly think they care about EB2I/EB3I/EBXY movements? That just bothers us, no one else.
     
  10. agulv

    agulv Guru

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    I am sure the administration and congress knows about it. Think about the number of international students coming every year which has increased recently for India. If the surge continues there will always be the 85k H-1B visa holders applying for PERM or during their OPT. I have my fears about this....
     
  11. agulv

    agulv Guru

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    If the report comes out today, i am sure it will be clear whether there is recapture or not..I hope it does have it...Fingers crossed.
     
  12. anugc

    anugc Guru

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    there we go again...I don't think this time people are taking the bait. If it comes good but I doubt there will be anything earth shattering in this report for mere legals like us..sorry to be so pessimistic but I have given up on any expectations from the administration for legal immigrants!
     
  13. groot

    groot Member

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    Guess after today's ambiguous nothing concrete report it's time to close this thread and open a new one to discuss on lawsuit possibility for recapture :(o_O
     
  14. s_gan

    s_gan Super Moderator

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    Anyone in this forum with PD 2004-2006 ?
     
  15. agulv

    agulv Guru

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    We have to support Ron in this activity as most of us believe this is the only way out with no support from the administration.
     
  16. agulv

    agulv Guru

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    Just came across this on IV forum from the admin:

    We have said this before, but some folks keep asking the same question again.

    The original plan was to make VB current for the month of July. That is why we provides heads up to folks to get papers ready.

    Subsequently, because of the EAD for H4 lawsuit, Administration was concerned about a possible lawsuit for making Vb current. dropped the plan for making VB current. So there was change of plan.

    In retrospect we did the right thing for sharing what was going on then. If you got papers ready, that will not hurt anyone, you will need them at some point. Many folks will soon be able to use the documents in October.
     
  17. SushilS

    SushilS Guru

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    It might be correct who knows seems like they tried something like 2007 but in the end they just stepped back because of lawsuit. This is my understanding every president does some favor to move the date or some relief during his sunset period. But with the current president it's more talks and less actions. So I am not surprised if the same report they will produce at-least 2 to 3 times before he lives the office to make sure he tried something. The point is if he take it seriously then it will implemented but I guess it's more political gain if they chew this for another 2 t o 3 years,
     
  18. Kamakazee

    Kamakazee Super Moderator

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    Based on pending inventory, I really do not see how they simply could have made the VB current for everyone. DOS did it in 2007 as they were fed up with USCIS not giving them inventory data, that is not the case now. Making VB current will require more visas into the system. I am guessing some sort of recapture was considered but eventually dropped because of pending lawsuits.

    Finally, if VB becomes current even for a month (like 2007 though not possible per current inventory and law), Democrats will lose the leverage to push for CIR. They will hold legal immigration reforms hostage till more and more benefits are being given to the undocumented.
     
  19. agulv

    agulv Guru

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    If the administration was worried about law suit and did not act on the VB being current, then i am thinking if we pursue a law suit for recapture they will end up acting on it. I don't like this but if this is the only way we can get things moving then we should try our best.
     
  20. groot

    groot Member

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    Lol was thinking the same thing. ...seems like lawsuit is the only thing they answer to....so v should give them exactly that...
    Eg: interim ead...
    now reverting 3 year ead for daca uscis did not take action until the Texas judge said he will hold dhs secretary in contempt of court if he does not come n explain wat action they took to revert that....
     
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