confirmed by multiple sources including USCIS director that the stay is only on extended DACA + DAPA...Originally Posted by kuku82
don't worry!
confirmed by multiple sources including USCIS director that the stay is only on extended DACA + DAPA...
don't worry!
That's some respite! Although legal immig fixes are through rule making process as I understand which can take years - someone please tell me I'm wrong on this!
I think the best thing to do would be to advocate for HR3012 style repeal of per country quotas. Everything else is too ambitious and once country quotas are repealed and it becomes everyone's problem you are a lot more likely to see action. Right now racist Congressmen like Sessions and Grassley don't care because it is an IC problem. Make it a problem for white people - Irish, Germans, etc. - and see how the tone changes.
Very interesting read although unlikely to succeed across both chambers but one can never say in politics
A few House Republicans have a novel approach for making up a shortfall in the Highway Trust Fund: attach legislation to increase the number of visas going to high-skilled workers.
Rep. Blake Farenthold of Texas said Thursday that the $118 billion in increased revenue from a bill to boost high-tech visas is nearly the same amount needed to make up the shortfall in the highway trust fund. Authority to spend money from the trust fund, which pays for most highway projects, expires May 31, and lawmakers are trying to come up with a fix.
"It addresses two things that need to be done: the highways and the high-skilled visas. It's trying to find the money in a way that's a little bit out of the box," Farenthold said.
He said he was working on the issue with GOP Rep. Mimi Walters of California. The two lawmakers sit both on the Judiciary and Transportation committees, the two panels with jurisdiction.
Judiciary Committee Chairman Bob Goodlatte, R-Va., looks favorably on the proposal, but it's not clear if it would find favor with House leadership.
Passing a bill to boost high-tech visas is at the top of the wish list for many in the business community. Such provisions were included in comprehensive immigration legislation that passed the Senate two years ago but died in the House. With a comprehensive immigration bill no longer on Congress' agenda, some lobbyists have been maneuvering for a way to get a high-tech visa bill through on its own, and attaching it to a must-pass item like the high-way bill could look like an appealing option — if a long-shot.
Read more here: http://www.thestate.com/news/busines...#storylink=cpy
I think the email this AM from the other site refers to possible visa recapture announcement on Monday
I believe so too. That's the only thing that makes sense given the timelines. It can't be a significant move on HR 213 bill, that won't see the light of day given the current dynamics with the judiciary committee. I don't think it can be EAD for I140 either. It's too early in the rule making process. I think it's the recapture that's coming our way.
Keeping fingers crossed. Typing with Fingers Crossed is hard.
To psychedelicNerd
I hope your statement is true. The legal authority will obviously be questioned (lawsuits/NumbersUSA etc). I am hoping that this news is substantiated by other news organizations throughout today.Unlike legislative action where they might be privy to information unknown to others due to lobbying efforts,administrative action is usually in the public realm and if an announcement was only days away,other organizations especially AILA should be mentioning this.We will wait and see
Gs1968,
what is this email you are talking about?
CleanSock,
This is the email that came from the site that cannot be named...
Heads Up!
We wanted to provide you with a heads up about the upcoming positive announcement on Monday (5/4) so that you don't miss it. If you care for the green card backlog fixes and high-skilled immigration you do not want to miss this upcoming announcement.
Oh law firm seems to have a new post on the potential topic discussed in the "Heads Up" email we received last night.
It does appear to be about visa recapture through administrative fix. Could the President/Admin move so quickly with any kind of fix? Its only been a month an a half since the letter to the President requesting visa recapture.
I wouldn't be very hopeful about visa recapture through an "Administrative Fix".
IMHO this would require congressional action because the numbers are governed by the law.
I'd be curious if somebody has information that supports "Administrative Fix" as a valid way for recapture.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
https://watsonimmigration.wordpress....-unused-visas/
This is one the links I have seen in the past. I guess the law is not clear on this so it can go either way and it can be exploited if they want.
Again I am not so sure they are going to say anything about recapture on Monday.
** says that the positive news will impact everyone. Another news get ready to file I485 so that do not miss the opportunity. Those are indication for everyone to file GC. So it is either recapture or filing I485 without current. Worst case scenario is they will make everyone's PD current for a month or more. Best case scenario is recapture.
** had been saying all along that "visa recapture is impossible through administrative fix". It would be very interesting to see whether they will take a 180 degree turn on it. I am not basing my OPINION on law, but I always had a FEELING that recapture is possible through administrative fix. My reasoning is the visas were wasted not because of lack of demand but due to inefficiency of USCIS and DOS. If visas were sent back to DOS because of "lack of demand", that could not be recaptured by administrative fix because law covers this situation clearly. However if it was wasted because of inefficiency, there is scope for administration to step in and address it through administrative fix.
My opinion is same. It is not possible to do recapture by law. Again it is easy to find loophole. One loophole is they could use AC 21 if there were any remaining wasted visas from 1992. Also Administration could think that no one can successfully file a lawsuit as it is difficult to prove the standing in the case than merit of the case
Maybe it is mass amnesty for everyone via executive order?Something that even tourists on the plane at this point in time to the US can benefit from?
Sadly, it seems like the blatant issues are not being fixed (EB1C misuse, per country limits), and lofty and difficult to implement ideas are being sought.
How I wish we had the courage to do something like Atlas Shrugged and abscond en-mass and see how this economy crumbles. Unfortunately, collective action is not something we execute with unity...
Sorry...13 years in this country without an end in sight can make you very cynical, I guess.
Last edited by mechanical13; 05-02-2015 at 02:29 PM.
mech - collective action can make a difference. Try getting people together and challenge the country quota in courts. I think there is a strong case to be made there.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
This is just posted by **
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Please understand that there is a need to hold off until tomorrow for the Administration to make the official announcement. It will be wrong for us or for that matter anyone to get ahead of the Administration and violate the trust.
As you are aware that we have been strongest advocate of recapture and dependents exemptions. But you may also be aware and we have all along shared this in the past that it is very difficult to do recapture and dependents exemptions as Admin fix.
Whatever is announced tomorrow, rest assured that Administration did everything possible within the legal authority of the President. We all have a lot to be thankful for to the President, the WH staff and the Obama Administration.
Please manage your expectations to look at the announcement with an open mind and please try to see beyond the obvious.
It's going to be a good day tomorrow.
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Therein lies the rub. The discrimination angle is the result of the law and not the law itself. The law is unfair due to limiting numbers based on country of birth where not every country has the same amount of population. So this results in discrimination.
Granted it can be argued that national origin should not be used as a limiting basis, but the result can go either way.
This also shows the true intent of AiLa and lawyers in general. Since this will benefit the entire community, why is no lawyer taking this up as a pro bono case? Because they care only about their money and actually do not care about people stuck in this mess.
Hope this helps to temper expectations. Also some things that could have been are not, due to shifting ground realities.
My understanding is that the laws can be challenged too if they go against the constitution.
I am not a constitutional expert (duh!) but I believe the whole idea of country quota is totally against the declaration of independence proclaiming "All men are created equal". And thus i think the law itself can be challenged in the court and the country quota can be struck down.
Given that there are not other stakeholders for EB-I folks - I think they must take matters in their own hands.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
I completely agree with your Q, and I do think that an open challenge in court would be well heard with potentially good outcomes.
Unfortunately, there are several things that hinder such action:
1)Misaligned incentives of lawyers: Right now, there is a lot of money to be made via the whole clogged system. AILA appears to be full of benevolent vampires (blood sucking) that want to help, but not help enough to remedy the situation. What we need is someone with very deep pockets (Mark Zukerberg types) who is willing to force mercenary lawyers to fight the good fight.
2)The best option is to classify this as a class action, since there are so many of us who are uniformly impacted. To create a "class", we do need to share our details and come together documentarily. There is enormous hesitation among the Indian community to do any such thing due to a variety of reasons (ranging from 'body shopping' to family situation).
3) The grassroots organizations that exist (e.g. **) are so busy creating some form of consensus among the fragmented Indian community and trying to pursue this in a 'Gandhian' way. Lobbying, soft-peddling and cajoling is probably one way to achieve an end. We need an organization that is willing to take things on in a more abrasive manner.
Maybe if we can get enough critical mass via Q's - we can kick something off.
Thoughts?
Thanks Mech. Not all lawyers are bloodsuckers. There are a few who deeply care about law and justice. So I am sure finding one will be difficult but not impossible.
Doing something is a great idea. Lets see what other people think about it.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
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