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beautifulMind
06-21-2007, 10:36 AM
Available Visa Numbers Expected to Dramatically Increase Demand, Filings in Employment-Based Classifications




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EXECUTIVE SUMMARY



Although the State Department has eliminated the green card backlogs in almost all employment-based categories starting on July 1, this situation is temporary. It is clear that backlogs will be reinstated in the coming months, though it is difficult to predict when this will occur. Therefore, it is critical to move forward with all eligible cases as soon as possible.


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As we reported on June 13, the U.S. Department of State (DOS) announced that day that nearly all employment-based immigrant categories will be current starting on July 1, with the exception of "other workers." When a category is listed as current, a foreign national may apply for an immigrant visa abroad or submit an application for adjustment of status on the basis of an approved I-140 immigrant worker petition, or concurrently file an adjustment application with a new or pending I-140 petition.

DOS's decisions on priority date currency are based on information about visa demand that it receives from U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL). It appears that, to date, visa demand for Fiscal Year (FY) 2007 has been less than previously projected by agencies, and DOS officials brought priority dates to current status in an effort to maximize use of visas available for this fiscal year, which ends on September 30. Apparently, thousands of otherwise approvable adjustment of status cases are being held up because of security clearances, a wild card that the agencies did not consider sufficiently when making its projections earlier in the fiscal year.

Predictions for the Near Term

Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.

Note that filing an adjustment of status case does not guarantee the issuance of a green card during this fiscal year, and it is expected that few cases filed now will be processed to completion in the near future. Adjustment cases that are not completed before any future retrogression will be held in abeyance until priority dates again become current. Having an adjustment on file, even if the case is in abeyance, allows for eligibility of work authorization and advance parole, and may be particularly critical in circumstances where there are children who may reach the age of 21 during the process.

desi3933
06-21-2007, 11:28 AM
Visa numbers can retrogress in the middle of a month and become unavailable without prior notice.

It is unlikely, but certainly possible. It depends on the number of I-485 applications received.

sumansk
06-21-2007, 11:51 AM
What is the authenticity of this statement. you mean to say that USCIS may come out and say on 20 july that they are not accepting any more applications...But I think it shuould be always mentioned in bulletin and that will be for next month...
Has this ever happened in the past..

bigboy007
06-21-2007, 11:53 AM
In visa bulletin they clearly stated that dates will retrogress for India and china for FY2008 i.e. starting oct 2007. I believe all who are current to come under shelter before they close the gates

sanan
06-21-2007, 12:00 PM
Where was this published? You have a link?
Available Visa Numbers Expected to Dramatically Increase Demand, Filings in Employment-Based Classifications



.

sumansk
06-21-2007, 12:04 PM
I just got a reply for the similar question from my attorney and she said the USCIS must accept any application received before the last day of July ....

Only retrogression etc must be applicable only with new bulletin....

Beautifulmind----Please donot spread unwanted rumours unless you are very sure about anything.....


Thanks...

akred
06-21-2007, 12:04 PM
What is the authenticity of this statement. you mean to say that USCIS may come out and say on 20 july that they are not accepting any more applications...But I think it shuould be always mentioned in bulletin and that will be for next month...
Has this ever happened in the past..

Yes, this happened in June for the EB-3 Other Workers category. Although the category was available for June, it went unavailable in the middle of the month and USCIS started returning applications. You can read about it on www.immigration-law.com (http://www.immigration-law.com)

voldemar
06-21-2007, 12:06 PM
What is the authenticity of this statement. you mean to say that USCIS may come out and say on 20 july that they are not accepting any more applications...But I think it shuould be always mentioned in bulletin and that will be for next month...
Has this ever happened in the past..Yes, it's happening right now with EB3 OTHER:
http://www.immigration-law.com/Canada.html
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06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

* This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action.
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howzatt
06-21-2007, 12:09 PM
Can this really happen? USCIS comes out on July 15th and says that it cannot accept any more applications.

sumansk
06-21-2007, 12:13 PM
Here is the extract from the bulletin... from govt. webite...

:
"E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008. "

It says that dates are likely to retrogress in FY-2008 "
But the concern is if they retrogress as being done with Eb-3 other worker..might be a big blow...

AILA said they are considering a legal action...

Anyway dont know what to do .. my wife is coming on 15th july...

Any guidance...

desi3933
06-21-2007, 12:16 PM
Where was this published? You have a link?

You may want to consider using google to do some research yourself.

sanan
06-21-2007, 12:26 PM
Try to spend your time typing something useful :)

Link if anyone needs...
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument

I think this thread should be merged with this one
http://immigrationvoice.org/forum/showthread.php?t=5402


Admininstrator??
You may want to consider using google to do some research yourself.

desi3933
06-21-2007, 12:33 PM
Try to spend your time typing something useful :)
Have you seen my other posts? I am helping other people but shouldn't we do some research before putting any questions?
Thanks.
Have a good day.

Link if anyone needs...
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument

I think this thread should be merged with this one
http://immigrationvoice.org/forum/showthread.php?t=5402


Admininstrator??

See above in Blue.

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
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Permanent Resident since May 2002

sanan
06-21-2007, 12:40 PM
Of Course they should, but should people not post a link to support, what they type in a forum "To help other people" are you just said!

I am going to stop right here :)
Have a great day!
See above in Blue.

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002

a_yaja
06-21-2007, 12:44 PM
Unless USCIS approves 40K visas (or whatever was the number in the ombudsman's report) between June 12th and July 12th, I don't see how they are going to retrogress the dates in the middle of the month. Please remember that the visa number is consumed when the application is approved, not when the application is submitted.

glus
06-21-2007, 12:50 PM
Guys,
Please stop this rumor. Priority dates cannot retrogress in the middle of the month. That's what the law says, and AILA is looking into what happened in the middle of last month with the "other workers" thing, as it appears like USCIS can't stop accepting I485, if the visa bulleting shows the dates are current. Please stop looking for "news" all over the place......
Bottom line: July is current so send you application at the end of Jun...that's it.

Jaime
06-21-2007, 12:56 PM
Guys,
Please stop this rumor. Priority dates cannot retrogress in the middle of the month. That's what the law says, and AILA is looking into what happened in the middle of last month with the "other workers" thing, as it appears like USCIS can't stop accepting I485, if the visa bulleting shows the dates are current. Please stop looking for "news" all over the place......
Bottom line: July is current so send you application at the end of Jun...that's it.

I also don't think dates will retrogress in the middle of a month, but that information is not a rumor. I saw it on both the Susan Henner thread on this website, and also on the Fragomen website, verbatim, word for word

beautifulMind
06-21-2007, 12:59 PM
The information was a feed from my lawyer..here is the link to the article..I think it is just their interpretation

http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument