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Old 11-23-2014, 10:49 AM
Administrator2 Administrator2 is offline
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Priority Date
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Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
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I-140+I-485
I485 Mailed Date
:
10/06/2003
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Join Date: Nov 2006
Posts: 996
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Question 1:
A lawyer is pretty confident that recapture is under consideration as part of the "Visa Modernization" program

Answer 1:
This is NOT true. Please DO NOT fall for misinformation. Some folks just want you to waste your time online and visit their websites. We suggest that you please NOT waste time on online forums. We have repeatedly try to tell you the truth for over 6 months that recapture CANNOT be done with Executive Order. Recapture requires act of Congress and only Congress can change the law.

Here is related post from 4 months back.
Possible Administrative Fixes - Filtering facts from fiction - Immigration Voice (Possible Administrative Fixes - Filtering facts from fiction)

Immigration Voice also asked for recapture of unused green cards. But we know that this cannot be done without changing or breaking the existing law. Recapture can be done only by act of Congress and with the help of our our members we will continue to create awareness for Recapturing of unused visas with Congress.

Question 2:
I see the following Action items at Executive Actions on Immigration | USCIS under
(4) Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs

• Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.

• Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.

• Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.

Does this Modernize Visa program means ‘Recapture”

Answer 2:
No. Please see the response to Question 1 above.

Last edited by Administrator2; 11-23-2014 at 11:39 AM.
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