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-   -   Possible Administrative Fixes - Filtering facts from fiction (https://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/3096036-possible-administrative-fixes-filtering-facts-from-fiction.html)

Administrator2 08-18-2014 03:17 PM

Possible Administrative Fixes - Filtering facts from fiction
 
We have received multiple inquiries about what is going on with the EB admin fixes. Rather than answering each message individually, here is our attempt to clear some air.

Apparently, there are some people posting online that a decision could soon be made on recapture of unused immigrant visas. This is not true. Recapture was briefly discussed sometime back but it was decided that recapture of unused visas cannot be done through administrative means. Same goes for exempting dependents. Things can always change, but just so you know, no such decision is pending on recapture this week.

For the sake of clarity, let us also share some important information about EAD for H-4 rule. This fix was already announced over 2 months back. USCIS/DHS is reviewing submitted comments to the notification. After the review of the comments is complete, DHS will issue final ruling. So it is just a matter of time. The decision for EAD for H-4 was already made some time back and no more decision making from the President of DHS is needed. DHS/USCIS is currently reviewing the comments and the final rule will be announced soon (no specific timeline available).

If it was possible within the existing framework of law, without a doubt we would have preferred more green cards, whichever means these green cards would come. However, at this time, that is not possible within the existing law. We have also asked for recapture of unused green cards and exempting dependents from numerical limits. But as it appears, these fixes cannot be done through Administrative method within the existing law. As it appears right now, recapture of unused green cards and exempting dependents from numerical limits will require Congressional action.

Therefore, our focus is on fixes that will help improve quality of life for EB applicants. Our fixes will allow everyone to live a free life and be able to do the things each one is potentially capable of doing. Our suggestions are focused on fixes that will allow EB immigrants to change jobs/employers after immigrant petition, clarity with what jobs one can change into, access to immigration (green card and H1/L1 application and decision notices) required to change job, not having to restart green card process after approval of I-140, long term EAD and AP so EB applicants and employers are not stressed out over receiving EAD renewals on time, and other such fixes.

We believe that these minor technical fixes will help improve the quality of life of over a million skilled immigrants and their families stuck in green card backlogs.

We are attempting to keep things clear as much possible for everyone waiting in EB backlogs. As Admin fix process unfolds, you will probably read all sorts of news/information online. For your own benefit, please filtering facts from fiction when consuming information available online.

Suva 08-18-2014 04:32 PM

What would Obama do for illegals? If we see that he authorizes legal permit for illegals then we would ask on why he can't authorize recapture of visas.

Administrator2 08-18-2014 05:03 PM

Quote:

Originally Posted by Suva (Post 3582841)
What would Obama do for illegals? If we see that he authorizes legal permit for illegals then we would ask on why he can't authorize recapture of visas.

Perhaps you did not read through my message or maybe I was not clear enough. I would request you to read through the message and see the positive aspects of it because there are plenty of them if you see through it.

Lets be respectful for the needs and gravity of the issue. Its easy to ask this on forums. This is not a valid argument in the real world environment.

The existing law allows the legal authority to give EADs to anyone. But current law is specific about the EB system works. Current law doesn't allow recapture of unused visas and exempting dependents from numerical limit. It is ironic but that is the law which was created long before President Obama took over the office. So it is not the fault of the President that this is how the current law is.

But if you look at what we are suggesting, it could help alleviate number of quality of life problems for skilled immigrants.

sachuin23 08-18-2014 05:36 PM

Quote:

Originally Posted by Suva (Post 3582841)
What would Obama do for illegals? If we see that he authorizes legal permit for illegals then we would ask on why he can't authorize recapture of visas.

When we say "we" who exactly we mean? There have been lots of efforts in the past at local and national level and most of "we" did not show up. We just try to solve all these problems on forums, discussion board, predictions and blaming each other. When ever there is an opportunity where "we" can make a change we decide to do nothing and hope some one else would do the necessary for us. President administers by constitution and Aman explained it very well in his post what can and can not be done. IV has been working really hard for making life of legal immigrants easy. The points presented by Aman in his post would definitely make life easier for a lot of legal immigrants in this country. I would like to extend thanks to IV for the effort and would urge others to strengthen "WE" in I"V". Together we can do wonders and all we need to do is to focus on things that impact us as a community and work with IV to drive agenda of the community. Donations, meetings with local law makers, DC visits etc , are few things "we" can do to help us.

DallasBlue 08-18-2014 10:13 PM

didnt AC21 capture unused visa numbers ?
 
Quote:

Originally Posted by Administrator2 (Post 3582842)
Perhaps you did not read through my message or maybe I was not clear enough. I would request you to read through the message and see the positive aspects of it because there are plenty of them if you see through it.

Lets be respectful for the needs and gravity of the issue. Its easy to ask this on forums. This is not a valid argument in the real world environment.

The existing law allows the legal authority to give EADs to anyone. But current law is specific about the EB system works. Current law doesn't allow recapture of unused visas and exempting dependents from numerical limit. It is ironic but that is the law which was created long before President Obama took over the office. So it is not the fault of the President that this is how the current law is.

But if you look at what we are suggesting, it could help alleviate number of quality of life problems for skilled immigrants.

did not AC21 capture unused visa numbers ? why cant obama do a clinton ?
has congressed passed a law and said no more visa captures ?

open.247 08-18-2014 10:22 PM

Quote:

Originally Posted by DallasBlue (Post 3582850)
did not AC21 capture unused visa numbers ? why cant obama do a clinton ?
has congressed passed a law and said no more visa captures ?

Why not just ask for citizenship for EB3 India people as admin fix. They have waited longest?

DallasBlue 08-18-2014 10:28 PM

Quote:

Originally Posted by DallasBlue (Post 3582850)
did not AC21 capture unused visa numbers ? why cant obama do a clinton ?
has congressed passed a law and said no more visa captures ?

unused visas:

http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
report page number :35
the pdf document page number: 53

Administrator2 08-18-2014 10:28 PM

Quote:

Originally Posted by DallasBlue (Post 3582850)
did not AC21 capture unused visa numbers ? why cant obama do a clinton ?
has congressed passed a law and said no more visa captures ?

Exactly - AC21. Please learn your history. AC21 was a law passed by Congress. AC21 is not something that President Clinton did by himself. Congress passed the bill and President (at the time) signed it.

So first of all there is a precedence that Congress had to pass a bill to recapture unused green cards.

Second, the existing law is clear that unused visas from previous years cannot be recaptured. Which means, yes, the current laws passed by Congress says no visa capture. The law specifically says how the visa are to be used every year and recapture requires act of Congress. And the proof is - AC21.

If you think this is wrong, why don't you go speak with the President and convince DHS to recapture. You seem to have all the right temperament, eloquent and arguments?

Anonymously arguing with me on forum is cheap. Doing something real is difficult. Just because I am spending my time answering questions doesn't mean you can go on and on. If you are so tough, why don't you come out in the open, put your name in public domain, spend your money, leave your job and go to Washington to convince WH, DHS, USCIS, House and Senate. Let me know when you decide to do it.

Administrator2 08-18-2014 10:35 PM

Quote:

Originally Posted by DallasBlue (Post 3582855)
unused visas:

http://www.dhs.gov/xlibrary/assets/c...o_congress.pdf
report page number :35
the pdf document page number: 53

This is 2010 USCIS Ombudsman report, which is 4 years old. So its not relevant.

And even according to this report you are quoting, there are zero (0) visas wasted for EB category since the year 2007. So your argument is not valid.

Did you not say that EB3-I visas are wasted. Where is the proof that EB3-I visas were wasted?

open.247 08-18-2014 10:41 PM

Quote:

Originally Posted by Administrator2 (Post 3582857)
This is 2010 USCIS Ombudsman report, which is 4 years old. So its not relevant.

And even according to this report you are quoting, there are zero (0) visas wasted for EB category since the year 2007. So your argument is not valid.

Did you not say that EB3-I visas are wasted. Where is the proof that EB3-I visas were wasted?

Why is old report not relevant?
It is the big idea that has value worth billions and millions of dollars. Nobody had this idea that DallasBlue came up with till now. You should give him credit for his idea.
Old is gold. Why don't you take this report in your next meeting and tell them what Dallas blue is saying. Who knows someone will like it and move EB3 India dates because of that.

We must try everything possible. Why not try this too. Does not seem to be a rocket science argument to convince to anyone as per me.

DallasBlue 08-18-2014 11:09 PM

Quote:

Originally Posted by Administrator2 (Post 3582856)
Exactly - AC21. Please learn your history. AC21 was a law passed by Congress. AC21 is not something that President Clinton did by himself. Congress passed the bill and President (at the time) signed it.

So first of all there is a precedence that Congress had to pass a bill to recapture unused green cards.

Second, the existing law is clear that unused visas from previous years cannot be recaptured. Which means, yes, the current laws passed by Congress says no visa capture. The law specifically says how the visa are to be used every year and recapture requires act of Congress. And the proof is - AC21.

If you think this is wrong, why don't you go speak with the President and convince DHS to recapture. You seem to have all the right temperament, eloquent and arguments?

Anonymously arguing with me on forum is cheap. Doing something real is difficult. Just because I am spending my time answering questions doesn't mean you can go on and on. If you are so tough, why don't you come out in the open, put your name in public domain, spend your money, leave your job and go to Washington to convince WH, DHS, USCIS, House and Senate. Let me know when you decide to do it.

my bad , thanks for education.

DallasBlue 08-18-2014 11:55 PM

Quote:

Originally Posted by Administrator2 (Post 3582856)
Exactly - AC21. Please learn your history. AC21 was a law passed by Congress. AC21 is not something that President Clinton did by himself. Congress passed the bill and President (at the time) signed it.

So first of all there is a precedence that Congress had to pass a bill to recapture unused green cards.

Second, the existing law is clear that unused visas from previous years cannot be recaptured. Which means, yes, the current laws passed by Congress says no visa capture. The law specifically says how the visa are to be used every year and recapture requires act of Congress. And the proof is - AC21.

If you think this is wrong, why don't you go speak with the President and convince DHS to recapture. You seem to have all the right temperament, eloquent and arguments?

Anonymously arguing with me on forum is cheap. Doing something real is difficult. Just because I am spending my time answering questions doesn't mean you can go on and on. If you are so tough, why don't you come out in the open, put your name in public domain, spend your money, leave your job and go to Washington to convince WH, DHS, USCIS, House and Senate. Let me know when you decide to do it.

Thanks a lot for your thankless service.

Ture you are on top of this issue.

fact is :
Unused Employment Preference Numbers from 1992 to 2009 : 506,410
( 180,039 were recaptured by special legislation)

clearly Legislative change is required as mentioned by you.

Administrator2 08-19-2014 12:11 AM

Quote:

Originally Posted by ateet (Post 3582861)
What I am more interested in knowing is that why do big media outlets report everyhtjng to the contrary such as capturing unused EB numbers ~200k and excluding dependents from 140k EB based GC numerical limit ?

I am under the assumption is that there is a review of "interpretation of the law" between WH, USDOJ & DHS for both legal & illegal immigration. Big media outlets also have WH Pool reporters which feed news directly from sources inside WH.

Not saying IV is wrong or anything, but certainly there is something cooking in Washington in terms of improvements to legal EB based system.

Yes, there is something cooking. Some companies are engaged in drama to show their employees that they asked for more visas which administration did not give. So it is not the fault of employers but it is the fault of "Obama".

People need to be smart to distinguish between WWF and real Wrestling sport. News media is a tool to create specific impression and convince people to specific opinion. The politico story that came out today is referring too almost 3 week old meeting from 1st August.

And if it helps, you can keep believing what makes you happy. And when all this is over, if there is any consolation, you can come back to this thread to validate who was telling the truth.

DallasBlue 08-19-2014 12:17 AM

EB3 quota under utilized and EB3 and EB3I severly backlogged.
 
Quote:

Originally Posted by Administrator2 (Post 3582857)
This is 2010 USCIS Ombudsman report, which is 4 years old. So its not relevant.

And even according to this report you are quoting, there are zero (0) visas wasted for EB category since the year 2007. So your argument is not valid.

Did you not say that EB3-I visas are wasted. Where is the proof that EB3-I visas were wasted?

Thank you for the patient ear.

Let me try and explain:

In this document: http://www.dhs.gov/sites/default/files/publications/ois_lpr_fr_2013.pdf


Please take a look at , "table 2." on page 2. for 2013:

Skilled workers, professionals, unskilled workers ... 43,632


Please take a look at , "table A1." on page 6 annual limit for 2013

Third: Skilled workers, professionals, and needed unskilled workers ..................... 45,321


The first number 43,632 is the total quota for EB3 , and the second number 45,321 is the visas issued for EB3 in that financial year.
The difference between these two numbers in the document is unused visas for EB3 category.
Thus 1689 visas were unused in EB3 Category for the FY2013. These visas were used for other categories while there is a decade of waiting time in EB3I.

similary EB3 quota was underutilized in past several financial years.

Hope this explanation helps.


The solution that we were proposing for not wasting EB3 visa numbers was to move the cut of date , a.k.a. the visa bulletin dates, to move much ahead for EB3 and EB3I so that the visa numbers are not wasted.

What we were asking from the begining of the financial year was that the dept. of state (DOS) and CO (Mr. Charles Oppenheim , Chief of the Visa Control and Reporting Division at the U.S. Department of State ) to move the cut off dates ahead so that full use of EB3 quota happens thus reducing the backlogs in EB3I thru spillovers.


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