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  #376 (permalink)  
Old 04-19-2015, 07:54 PM
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Originally Posted by Ramalingam View Post
I do not think backlog is 1 million. I heard it was below 500k. So recapture of 200k will make all EB2 current. And EB3-I may move to 2010 or later and they may make it current as no EB3 beyond 2007 as demand will increase and for usage in EB3 it will take 3 to 6 months for Processing I485 and till the EB3 usage is reached available Visa PD will become current
Even Backlog is 1 million if EB3-I moves beyond July 2007 then there is a good chance that all PD current for 3 to 6 months.
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  #377 (permalink)  
Old 04-19-2015, 09:17 PM
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Originally Posted by Ramalingam View Post
I do not think backlog is 1 million. I heard it was below 500k. So recapture of 200k will make all EB2 current. And EB3-I may move to 2010 or later and they may make it current as no EB3 beyond 2007 as demand will increase and for usage in EB3 it will take 3 to 6 months for Processing I485 and till the EB3 usage is reached available Visa PD will become current
It will take at least 3 -5 months after the announcement for it to become a law.
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  #378 (permalink)  
Old 04-19-2015, 10:45 PM
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Originally Posted by Ramalingam View Post
Even Backlog is 1 million if EB3-I moves beyond July 2007 then there is a good chance that all PD current for 3 to 6 months.

How will all dates become current in 3 to 6 months? EB3-I dates have been retrogressed and since July-2007 the date have not gone past 2003. EB2-I dates for a few months progressed to 2010 and then have been retrogressed to April-2008 meaning 8 years.

If 50% of all the H1/L1 applicants (which feed into GC system) are from India, then

42K H1s and 25K L1s = 67K
Add family members = 67K * 1.1 = 74K
Total average GC applicants (including family members) per year = 67K + 74K = 141K
Then for 8 years = 141K * 8 = 1128K

This means only from India, since April-2008, there are 1.1 million applicants for green card number.

And this doesn't even include people:
1.) From all other countries
2.) All EB-3-I pending applicants with priority dates before April-2008. This could be around another 300K people.
3.) EB-2-I applicants with priority dates prior to April-2008, waiting for allocation of visa number.

Anyone thinking that recapture of 200K will make all categories current in 3 to 6 months doesn't understand the depth of this backlog. Just saying.
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  #379 (permalink)  
Old 04-19-2015, 11:05 PM
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Originally Posted by abcdgc View Post
How will all dates become current in 3 to 6 months? EB3-I dates have been retrogressed and since July-2007 the date have not gone past 2003. EB2-I dates for a few months progressed to 2010 and then have been retrogressed to April-2008 meaning 8 years.

If 50% of all the H1/L1 applicants (which feed into GC system) are from India, then

42K H1s and 25K L1s = 67K
Add family members = 67K * 1.1 = 74K
Total average GC applicants (including family members) per year = 67K + 74K = 141K
Then for 8 years = 141K * 8 = 1128K

This means only from India, since April-2008, there are 1.1 million applicants for green card number.

And this doesn't even include people:
1.) From all other countries
2.) All EB-3-I pending applicants with priority dates before April-2008. This could be around another 300K people.
3.) EB-2-I applicants with priority dates prior to April-2008, waiting for allocation of visa number.

Anyone thinking that recapture of 200K will make all categories current in 3 to 6 months doesn't understand the depth of this backlog. Just saying.
even if the president exceutes it wont it take 3-6 months before it becomes a rule?
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  #380 (permalink)  
Old 04-19-2015, 11:46 PM
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Originally Posted by abcdgc View Post
How will all dates become current in 3 to 6 months? EB3-I dates have been retrogressed and since July-2007 the date have not gone past 2003. EB2-I dates for a few months progressed to 2010 and then have been retrogressed to April-2008 meaning 8 years.

If 50% of all the H1/L1 applicants (which feed into GC system) are from India, then

42K H1s and 25K L1s = 67K
Add family members = 67K * 1.1 = 74K
Total average GC applicants (including family members) per year = 67K + 74K = 141K
Then for 8 years = 141K * 8 = 1128K

This means only from India, since April-2008, there are 1.1 million applicants for green card number.

And this doesn't even include people:
1.) From all other countries
2.) All EB-3-I pending applicants with priority dates before April-2008. This could be around another 300K people.
3.) EB-2-I applicants with priority dates prior to April-2008, waiting for allocation of visa number.

Anyone thinking that recapture of 200K will make all categories current in 3 to 6 months doesn't understand the depth of this backlog. Just saying.
The concept is simple. If they apply 200k for recapture then immediately EB2 and other countryEB3 will become current and total visa available for this year will be at least 250k. And if 150k will be used by Eb2 and Row EB3. Then We need to see how many EB3-I applicants filed before July 2007. If that is less than 100k then PD will move past July 2007. So there will not any pending I485. Then USCIS will move PD for a few months but still they won't get any I485 which is ready for giving gree card as finger printing and other process will take time. So PD will move fast and will become current. Demand will increase after 3 or 4 months because many persons could be ready with finger printing clearence etc. The above calculation works if at least 50k visa available after finishing of all EB2 and EB3 of ROW and EB3-I of India before July 2007. I do not know the statistics but some ifs are satisfied by recapture then PD could be become current in 3 to 5 months and stay for a few months. My assumption could be incorrect if my basis is incorrect but you cannot ignore completely
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  #381 (permalink)  
Old 04-20-2015, 12:01 AM
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Originally Posted by Ramalingam View Post
T My assumption could be incorrect if my basis is incorrect but you cannot ignore completely
whats my answer to question

if the prez executes this....how long before it becomes a rule?
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  #382 (permalink)  
Old 04-20-2015, 12:12 AM
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Originally Posted by advik20 View Post
whats my answer to question

if the prez executes this....how long before it becomes a rule?
Usually it will be immediate if it comes as a part of Visa Modernization program. If it will be done thro rule making process then it will take months or years. But my take is it will come as a Visa modernization program otherwise it will not come. Actually law does not allow to do recapture but even if President violates law who will contest(Even GOP is supporting and they will not contest similar to H4-EAD). Even some one contest chance of winning government is slim and even in that slim chance happens all the 200k visa would have used.
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  #383 (permalink)  
Old 04-20-2015, 12:18 AM
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Quote:
Originally Posted by Ramalingam View Post
Usually it will be immediate if it comes as a part of Visa Modernization program. If it will be done thro rule making process then it will take months or years. But my take is it will come as a Visa modernization program otherwise it will not come. Actually law does not allow to do recapture but even if President violates law who will contest(Even GOP is supporting and they will not contest similar to H4-EAD). Even some one contest chance of winning government is slim and even in that slim chance happens all the 200k visa would have used.
my wife is India

Fingerprinting was done in 2007....currently we have no AP

Do we need to go for Fingerprinting again?

Can she come back on H4 when its gets current & Will there be a problem to get H4 Stamping
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  #384 (permalink)  
Old 04-20-2015, 09:28 AM
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Till I hear the IV administrators jump in joy or announce on this forum this is happening and to prep ourselves, this is all gas and building castles in the air. I'm not going to believe one word of all of this till I hear from the Govt or atleast IV gives us some information of stuff that is being discussed at the, WH, Dept of Justice, Dept of State and USCIS levels. Please do not misinform and if you have sources please provide.....
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  #385 (permalink)  
Old 04-20-2015, 10:03 AM
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Originally Posted by Aram View Post
Till I hear the IV administrators jump in joy or announce on this forum this is happening and to prep ourselves, this is all gas and building castles in the air. I'm not going to believe one word of all of this till I hear from the Govt or atleast IV gives us some information of stuff that is being discussed at the, WH, Dept of Justice, Dept of State and USCIS levels. Please do not misinform and if you have sources please provide.....
This is pure speculation without any real basis. So do not plan or dream anything. If it comes accept it otherwise move on
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  #386 (permalink)  
Old 04-20-2015, 10:23 AM
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Originally Posted by Aram View Post
Till I hear the IV administrators jump in joy or announce on this forum this is happening and to prep ourselves, this is all gas and building castles in the air. I'm not going to believe one word of all of this till I hear from the Govt or atleast IV gives us some information of stuff that is being discussed at the, WH, Dept of Justice, Dept of State and USCIS levels. Please do not misinform and if you have sources please provide.....
You might want to look at the latest announcement here:

Questions and Answers on How to file Adjustment Of Status - Immigration Voice (Questions and Answers on How to file Adjustment Of Status)
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  #387 (permalink)  
Old 04-20-2015, 12:16 PM
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Thanks IV for wonderful news..Ur efforts are appreciated.. Thanks again.
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  #388 (permalink)  
Old 04-20-2015, 12:27 PM
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Originally Posted by Administrator2 View Post
Any update on recapture of 200 K visas?
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  #389 (permalink)  
Old 04-24-2015, 08:12 PM
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Default Conflict interests stalling legal immigration fixes?

Dear Admin,
Oh-Law The Oh Law Firm indicates that the conflict of interests between employers and employees as well as the lack of coordination between advocacy groups are holding fixes for legal immgration back. Could you comment on it ?

==============
04/24/2015: Administrative Reform of Employment-Based Immigration System and Ongoing Struggle Between Employers and Foreign Workers

The USCIS teleconferences this month on the issue of preregistration of adjudstment of permanent residence for approved I-140 and another issue of L-1B reform for nonimmigrant foreign workers have revealed a conflict of interests between the supporters of the employers and the supporters of the foreign worker employees, weakening push for both programs. Obviously, the employers' interest is to recruit and retain temporary foreign workers and to push for reform of nonimmigrant temporary foreign worker programs such as H-1B cap and reform of L-1B program, while the foreign workers' interest is to achieve the freedom in the U.S. labor markets by administrative reform of immigration programs through support for the preregistration of adjustment of permanent residence for the approved I-140 workers and other reforms in the employment-based immigration system, including Visa Bullting allocation management reform of DOS and permanent labor certification program reform of the DOL. Another group focuses on legislative reform instead of administrative reform to achieve elimination of per country numerical limitation for immigrant visa numbers. At this juncture, supporters of the reform of employment-based immigration systems reveal a lack of coordination, in a way hurting or weaking support for each of these reforms. One wonders why all of these reforms cannot be pushed in a coordianted way and at least refrain themselves from opposing any reform program openly, unnecessarily revealing a wound. As stated at the beginning of this posting, no one can deny that there is a conflict of interest at some level among different stakeholders in the employment-based immigration community and businesses. However, it does not mean that these stakeholders cannot work together to achieve their mutual interests together. This is something the employment-based immigrant community and businesses should think about before too late, particularly under the current hostile political environemnt against immigration reforms due to sharp gridlocks and political confrontations in almost any reform programs among the political leaders.
This reporter recalls that before H-4 EAD rule was finalized, some stakeholders kept contacting Congressmen and women when the proceeding was not related to legislation. Such actions one time worked against the H-4 EAD administrative reform efforts as it unnecessarily stirred up political attacks, especially from those legislators supporting labor unions or Conservative Republicans. Eventually, they learned and ceased such activities and helped the process to come to a conclusion through the rule-making process. A valuable lession should have been learned for some stakeholders.
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  #390 (permalink)  
Old 04-24-2015, 10:30 PM
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Originally Posted by VolatilityMaster View Post
Dear Admin,
Oh-Law The Oh Law Firm indicates that the conflict of interests between employers and employees as well as the lack of coordination between advocacy groups are holding fixes for legal immgration back. Could you comment on it ?

==============
04/24/2015: Administrative Reform of Employment-Based Immigration System and Ongoing Struggle Between Employers and Foreign Workers

The USCIS teleconferences this month on the issue of preregistration of adjudstment of permanent residence for approved I-140 and another issue of L-1B reform for nonimmigrant foreign workers have revealed a conflict of interests between the supporters of the employers and the supporters of the foreign worker employees, weakening push for both programs. Obviously, the employers' interest is to recruit and retain temporary foreign workers and to push for reform of nonimmigrant temporary foreign worker programs such as H-1B cap and reform of L-1B program, while the foreign workers' interest is to achieve the freedom in the U.S. labor markets by administrative reform of immigration programs through support for the preregistration of adjustment of permanent residence for the approved I-140 workers and other reforms in the employment-based immigration system, including Visa Bullting allocation management reform of DOS and permanent labor certification program reform of the DOL. Another group focuses on legislative reform instead of administrative reform to achieve elimination of per country numerical limitation for immigrant visa numbers. At this juncture, supporters of the reform of employment-based immigration systems reveal a lack of coordination, in a way hurting or weaking support for each of these reforms. One wonders why all of these reforms cannot be pushed in a coordianted way and at least refrain themselves from opposing any reform program openly, unnecessarily revealing a wound. As stated at the beginning of this posting, no one can deny that there is a conflict of interest at some level among different stakeholders in the employment-based immigration community and businesses. However, it does not mean that these stakeholders cannot work together to achieve their mutual interests together. This is something the employment-based immigrant community and businesses should think about before too late, particularly under the current hostile political environemnt against immigration reforms due to sharp gridlocks and political confrontations in almost any reform programs among the political leaders.
This reporter recalls that before H-4 EAD rule was finalized, some stakeholders kept contacting Congressmen and women when the proceeding was not related to legislation. Such actions one time worked against the H-4 EAD administrative reform efforts as it unnecessarily stirred up political attacks, especially from those legislators supporting labor unions or Conservative Republicans. Eventually, they learned and ceased such activities and helped the process to come to a conclusion through the rule-making process. A valuable lession should have been learned for some stakeholders.

The "Oh" law firms post is dripping with hypocrisy. On an earlier call, when employers try to kill EAD's for people stuck in backlog, he is very happy about it and calls it "stimulating". But when employees point out that increasing the number of L1 visa's in the face of the GC backlog is a terrible idea to the USCIS, he cries uncle. He wants employees to stay quiet about the screwed up system. What a hypocrite. His posts about the previous call are below:

Quote:
Originally Posted by Matthew Oh
03/19/2015: Two Hottest Subjects in Today's USCIS Teleconference: I-140 EAD/Portability and National Interest Waiver Program Reform

For I-140 EAD and Portability: Reality of conflict of interest between the I-140 sponsoring employer and I-140 foreign worker mobility turns out to be a key issue which is likely to get a lot of attention for the policy makers on this reform. They brought up the issue of fairness to the employers who invested a lot of money and efforts for the immigration sponsorship. It will be interesting to see where the policy makers will draw a line that meets the interest of the employers and interest of the employee fairly.

For the reform of national interest waiver: A few recommendation from the participants to take predetermined groups of areas for determination of national interest waiver rather than individual case based decision without clear definition of national interest. The areas of interests some brought up included STEM or Entrepreneurship. However, there are many other areas that cannot be ignored in determination of national interest such as culture, art, etc, etc. Such group national interest concepts may not be well taken by the policy makers because of irreconscileable conflict among different groups.

Today's teleconference was stimulating in this regard.
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