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View Full Version : July bulletin may get revised - Horrible news


logiclife
06-26-2007, 02:22 PM
Thanks for making me look like an idiot in front of my lawyer and HR, everyone.

Based on RUMORs that "USCIS may get allergic reaction to too many 485 files, and stop accepting them in mid-July" I asked my lawyer this question:

I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.

And I got this reply :

Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.

See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????

STAmisha
06-26-2007, 02:24 PM
Thanks a lot for soothing the (allready f**ed up) nerves.

diptam
06-26-2007, 02:45 PM
Lawyers are making good money - they are intimidating everyone who wants to file on their own !!!

My company asked me for a agreement to give me the letter - that agreement is also crafted by a Lawyer - Business everywhere !!


And I got this reply :

See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????

logiclife
06-26-2007, 02:49 PM
This rumor from fragomen's site is creating a havoc everywhere.

These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.

ujjvalkoul
06-26-2007, 02:52 PM
Yes, my lawyers have shortlisted cases by PD and EB2/3 categories....and suggested best effort to file before July 31st..(when new fees kick in - guess they want to save the EMployer some green)....

GCBy3000
06-26-2007, 07:06 PM
I am not sure how far it is true, but this is the content of the email I got from my attorney when I pressed him to file at the earlierst.

"As soon as we have these forms back, all of the evidence for filing remaining from you, and I review the completed filing, we will file it. We appreciate your interest in filing on the first day the filing allows. We will endeavor to do that. I should point out that the current bulletin allows for filings throughout July. It is possible that the filings could be discontinued later in July. We are in touch with officials in Washington about this issue and will file your application in a timely fashion for obtaining the benefit when the filing is properly prepared."

senthil1
06-26-2007, 07:11 PM
Lawyers are creating rumors based on some misunderstanding???

I am not sure how far it is true, but this is the content of the email I got from my attorney when I pressed him to file at the earlierst.

"As soon as we have these forms back, all of the evidence for filing remaining from you, and I review the completed filing, we will file it. We appreciate your interest in filing on the first day the filing allows. We will endeavor to do that. I should point out that the current bulletin allows for filings throughout July. It is possible that the filings could be discontinued later in July. We are in touch with officials in Washington about this issue and will file your application in a timely fashion for obtaining the benefit when the filing is properly prepared."

delhirocks
06-26-2007, 07:11 PM
I am not sure how far it is true, but this is the content of the email I got from my attorney when I pressed him to file at the earlierst.

"As soon as we have these forms back, all of the evidence for filing remaining from you, and I review the completed filing, we will file it. We appreciate your interest in filing on the first day the filing allows. We will endeavor to do that. I should point out that the current bulletin allows for filings throughout July. It is possible that the filings could be discontinued later in July. We are in touch with officials in Washington about this issue and will file your application in a timely fashion for obtaining the benefit when the filing is properly prepared."

Please don't put any sensational heading on your post if you don't know what you are saying.
This has been discussed a lot here and is nothing new. There is always a possibility that USCIS can issue a mid-month VB and discontinue taking 485. It has not happened before, but is certainly possible.
If you thought, the dates will be current from here on to perpetuity...I have no words for you..

GCBy3000
06-26-2007, 07:19 PM
I am not a kid. I know these things. Read properly what he said.

"It is possible that the filings could be discontinued later in July"

I just wanted to share this information with you all guys. I am not gaining anything by putting this in this forum. If you feel like taking it, take it else ignore it. There is no harm in sharing.

Please don't put any sensational heading on your post if you don't know what you are saying.
This has been discussed a lot here and is nothing new. There is always a possibility that USCIS can issue a mid-month VB and discontinue taking 485. It has not happened before, but is certainly possible.
If you thought, the dates will be current from here on to perpetuity...I have no words for you..

delhirocks
06-26-2007, 07:27 PM
I am not a kid. I know these things. Read properly what he said.

"It is possible that the filings could be discontinued later in July"

I just wanted to share this information with you all guys. I am not gaining anything by putting this in this forum. If you feel like taking it, take it else ignore it. There is no harm in sharing.

And let me say for the second time...It is always POSSIBLE that USCIS may stop accepting applications mid month...does not usually happen, but these are unusual circumstances...but this is nothing new.

As has been discussed innumerable times on this board, plan on submitting your paperwork by the 10th to be on the safer side.

By starting a new thread, and putting a sensational heading on it...you don't help anyone. It is advisable to go back and check if this issue has been discussed on some other thread

nixstor
06-26-2007, 07:30 PM
GCby3k,

This has been discussed in 2 or 3 threads and the other member might have followed it and got tired of it. Any ways, I have heard what you said from different people and if dates can become current, they can be retrogressed during the middle of the month. Imagine 40K applications in 10 days. If USCIS accepts 100K applications ( It can be if you count dependents ), it makes them look bad with the number of pending applications. They can very well say Enough, when they hit a predetermined threshold as conveyed by DOS.

All that we can do is try to file as soon as we can.

guyfromsg
06-26-2007, 07:41 PM
Thank you. Our company promised to file before 23rd July and I was worried about the rumors. Thanks for clarifying you saved one panic email to the lawyer and HR :)

newuser
06-26-2007, 07:47 PM
Thanks for clearing the air. I am getting sick of seeing new threads with all the new stories each attorney is throwing at us.

satishku_2000
06-26-2007, 07:48 PM
Most of the people on this forum know that USCIS can change the rules whenever they want. Most of the people on this forum also realise that the whole process of GC is a big blackhole in which surprises keep on coming.

As far as I am concerned my PD is Sep 2004 , If I get my GC in 4 more years I consider myself to be lucky.

Most of us dont have any control over the process and how things get executed at DOS and USCIS at the sametime all of the people cannot make sure that their applications reach USCIS on 1st of July .

So dont worry about the things that we dont have any control over ..

Relax and try to do things with a sense of urgency on which you have control ...

alterego
06-26-2007, 07:57 PM
I am not a kid. I know these things. Read properly what he said.

"It is possible that the filings could be discontinued later in July"

I just wanted to share this information with you all guys. I am not gaining anything by putting this in this forum. If you feel like taking it, take it else ignore it. There is no harm in sharing.


All Sh!# in this world is possible. Heck, if I say it is possible the world could end tomorrow..................even that is possible if not probable.
Why not focus on the realities and likelihoods rather than fearmongering done by special interests, who send you information with secondary gain.

Your defense of "I'm just putting it out there for you all to decide" sounds like the crappiest lame excuse for misinformation that I have heard in an eternity.

Spare us will you!

stuckinmuck
06-26-2007, 08:00 PM
http://immigrationvoice.org/forum/showthread.php?t=5675

Also, let's keep working on opposition to the Menendez amendment.

gc_lover
06-26-2007, 08:19 PM
USCIS has to accept applications for first few days. Then they have to go through all the application to determine the number based on the country. Then they will send the number to DOS who will decide the dates of next bulletien.
It's not like USCIS will say "Oh I got 300,000 applications today, let's close the door..." It does not work that way.

I understand that you are only trying to say what your lawyer told you. But, don't try to make it sensational topic by saying "Horrible news" and all. We are anyways stressed out from the process and on top of it this rumor comes up in every other thread. :(

kdprasad
06-26-2007, 08:30 PM
Thanks and posts like these might push you hard to get the 485 filed soon. But as Everyone said most of us are aware that anything can change.

prinive
06-26-2007, 08:33 PM
This is true. I heared the same from my attorney too. If you look at the history, there are two times they have discontinued the VB in the middle of the month. So let us hope the best and we will prepare for the worst.

I am not sure how far it is true, but this is the content of the email I got from my attorney when I pressed him to file at the earlierst.

"As soon as we have these forms back, all of the evidence for filing remaining from you, and I review the completed filing, we will file it. We appreciate your interest in filing on the first day the filing allows. We will endeavor to do that. I should point out that the current bulletin allows for filings throughout July. It is possible that the filings could be discontinued later in July. We are in touch with officials in Washington about this issue and will file your application in a timely fashion for obtaining the benefit when the filing is properly prepared."

pasupuleti
06-26-2007, 08:48 PM
Can you give links to visa bulletin which changed in the middle of the month?

This is true. I heared the same from my attorney too. If you look at the history, there are two times they have discontinued the VB in the middle of the month. So let us hope the best and we will prepare for the worst.

GC08
06-26-2007, 09:00 PM
This is not fair to the person who blew the wistle and alarmed people about the situation. I think we should know and analyze these facts. Most importantly, with all the policy change and lobbying we are trying to do, why can't we make sure that USCIS does its job in a fair, transparent, orderly way!

The reason there is a lot of "rumor" is simply due to those government agencies' imcompentencies, which resulted in lack of confidence and trust from the public.

They CANNOT do whatever they want any more SO LONG AS we stand up to our rights. Don't wait till the problems show up again! Act now to prevent them from happening... at least to get our voice heard so that the whole green card thing will no longer be like a lottery!

narrowgate
06-28-2007, 03:39 AM
I just don't see why you jumped all over the guy. The lawyer told him something that he thought was horrible - and rightly so, based on the info provided to him by the lawyer. So he posted that, in hopes to inform his fellow members about this situation, and probably he was hoping someone would confirm or disprove that. Instead everybody jumped all over the guy. We may all be stressed out with all this CIR / July bulletin roller coaster, but let's not too crazy and devour one of our own. He ain't the one who caused you the pain in the first place.

Peace.

neoneo
06-28-2007, 03:42 AM
Please include your law firm with any info regarding 485 filings.

gc_check
06-28-2007, 07:48 AM
This thread is already making everyone nervous. The updates in immigration-law and also from many other attorneys might be based on the updates they get from AILA email alerts/updates. There is also a link in aila.org with title “Update on Rejection of June “Other Worker” Adjustment Applications and What This Means for July” I do not have access to review the entire article. Also EW category PD is at OCT 2001 for June and not sure if there were so many cases with that early PD and those petition was not accepted due to unavailability of the visa numbers. But this incident is reported in multiple sites and this made everyone nervous that the same might happen with all the EB applications now.

Also not that all applications will be filed on first day/week of July, even though most of us get the papers to attorney’s by now, I think they will file only a limited number of applications everyday. Some big law firms have already instructed the clients to not to send the documents until specifically requested by the attorney assigned for the individual cases and the email states around mid July time frame to process the application.

There might be a fair chance the available visa numbers are consumed in early July or within July , Since making the VB Dates current for all categories makes me believe they would most likely accept the petitions for entire July in spite of the visa number availability until July end at least. Making VB all dates current for all categories in spite knowing the Backlog elimination center cleared a large number of LCA and with the number of PERM approvals available, and retrogression since couple of years, USCIS/ DOS / etc. will not be surprised with the number of petitions they will receive. So at least for July we can hope to be safe. We cannot change anything with regards to this and have to deal with this.

chanduv23
06-28-2007, 08:15 AM
Lets clear this thread and post anything related to the horrible news in the rumor thread

royus77
06-28-2007, 08:20 AM
“Update on Rejection of June “Other Worker” Adjustment Applications and What This Means for July”.

I am manily concerned as USICS rejected the 485 petitions for "Other Worker s" last june ,they can also do the same now if they received huge number of applications ( 40K) in the first few days .

gc_check
06-28-2007, 08:39 AM
I am manily concerned as USICS rejected the 485 petitions for "Other Worker s" last june ,they can also do the same now if they received huge number of applications ( 40K) in the first few days .

It is pretty obvious they will surely receive more than 40K petitions. Who knows, they must have already got the same in June when they advanced the dates in June VB. Visa numbers are allocated at the time of approval and not at the time the petition is made. Even if they get million petition in July, that does not mean all the Visa numbers are consumed. It is an indicator they have enough petitons to meet the demand to use all the available numbers and alter the VB Cutoff dates for PD in future months. It depends on the approvals too and it is not likely the petitions made in June/july will get approved now... So we must be okay.. but you never know with USCIS/DOL/DOS... Any thing can happen... for instance like the VB is Current for all categories in July.

gc_lover
06-28-2007, 08:55 AM
It is pretty obvious they will surely receive more than 40K petitions. Who knows, they must have already got the same in June when they advanced the dates in June VB. Visa numbers are allocated at the time of approval and not at the time the petition is made. Even if they get million petition in July, that does not mean all the Visa numbers are consumed. It is an indicator they have enough petitons to meet the demand to use all the available numbers and alter the VB Cutoff dates for PD in future months. It depends on the approvals too and it is not likely the petitions made in June/july will get approved now... So we must be okay.. but you never know with USCIS/DOL/DOS... Any thing can happen... for instance like the VB is Current for all categories in July.

That's what we all are thinking, that we should be okay. But when rumors like these are posted on reputed attorney's website, it will surely create panic among people.

Googler
06-28-2007, 08:40 PM
Here is a AILA memo to USCIS addressing this issue and making clear that it is illegal to not accept applications when the bulletin shows the dates as being current

http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf

logiclife
06-28-2007, 08:51 PM
Here is a AILA memo to USCIS addressing this issue and making clear that it is illegal to not accept applications when the bulletin shows the dates as being current

http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf

So basically USCIS is in violation of regulation for not accepting 485 petitions for EB3-other worker category even though those petitions are current as per June Bulletin issued in May.

I hope USCIS atleast follows the regulations and laws. Coz we just finished with an 18 month debate in the Senate today on law-abiding done by immigrants. And now suddenly USCIS is acting like an undocumented worker ignoring the laws and regulations.

gc_maine2
06-28-2007, 08:57 PM
logiclife, i like this one "And now suddenly USCIS is acting like an undocumented worker ignoring the laws and regulations" :) :)

So basically USCIS is in violation of regula
tion for not accepting 485 petitions for EB3-other worker category even though those petitions are current as per June Bulletin issued in May.

I hope USCIS atleast follows the regulations and laws. Coz we just finished with an 18 month debate in the Senate today on law-abiding done by immigrants. And now suddenly USCIS is acting like an undocumented worker ignoring the laws and regulations.

dogking
06-29-2007, 12:06 AM
US IMMIGRATION CLIENT ALERT



June 28, 2007

Employment-Based Immigrant Visa Numbers
May Become Unavailable Sooner Than Expected



EXECUTIVE SUMMARY

It has been reported that U.S. Citizenship and Immigration Services (USCIS) has indicated that employment-based numbers may be exhausted sooner than expected and could become unavailable or subject to new retrogression during the month of July. USCIS reportedly has sufficient numbers of immigrant cases in its adjudications pipeline to meet the reported 40,000 employment-based visa numbers that remain for Fiscal Year (FY) 2007. If employment-based numbers become unavailable in mid-month, USCIS could cease accepting applications for adjustment of status before the end of the July, though it is not yet possible to predict when this could occur.


It has been reported and unofficially confirmed by FRAGOMEN that U.S. Citizenship and Immigration Services (USCIS) has indicated that employment-based immigrant visa numbers may be exhausted sooner than expected and could become unavailable or subject to new retrogression during the course of the month of July. This would be contrary to information in the July Visa Bulletin issued by the Department of State, which stated projected availability through the month of July.

Agency representatives have reportedly stated that USCIS has sufficient numbers of employment-based immigrant cases that are ready to be approved and counted against the estimated 40,000 employment-based numbers that remain for Fiscal Year (FY) 2007. USCIS has not officially confirmed these reports. Our understanding is that discussions on the issue of visa availability have been escalated to a high level in the government and we will continue to seek definitive information.

There has been speculation that a change in anticipated demand may be the result of inaccurate projections by the government about the number of employment-based cases that are both ready for approval and have completed security checks.

If employment-based numbers become unavailable, it is likely that USCIS would stop accepting applications for adjustment of status, regardless of the information contained in the July Visa Bulletin. It is also possible that the State Department could release a Supplemental Visa Bulletin that updates its forecasts of visa availability. Though it is possible that USCIS would continue to accept adjustment applications through July despite visa unavailability, this appears to be unlikely.

As previously mentioned, it is our understanding that discussions are underway both within USCIS and between USCIS and the Department of State, and FRAGOMEN continue to seek more definitive information. We will issue additional Client Alerts as new information becomes available. If you have any questions about this Client Alert, please contact your designated FRAGOMEN professional.

Copyright © 2007 by Fragomen, Del Rey, Bernsen & Loewy, LLP

nitinba
06-29-2007, 01:06 AM
this is what I am also hearing and if USCIS does something like after 1-2 days they stop accepting applications it will be so bad ..

gc_check
06-29-2007, 08:36 AM
Logiclife, Looks like the statement that USCIS have to accpet the 485 applications all month on July inspite of availability of visa might not be true anymore. See below link

http://www.immigration.com/fromtheagency/usciseb36287.html

I'm really concerned now, as like many I've also shipped my paper work to the attorney, but have NO control on when they are going to file.

Anyway, we have to deal with all this.

gc_lover
06-29-2007, 09:05 AM
Logiclife, Looks like the statement that USCIS have to accpet the 485 applications all month on July inspite of availability of visa might not be true anymore. See below link

http://www.immigration.com/fromtheagency/usciseb36287.html

I'm really concerned now, as like many I've also shipped my paper work to the attorney, but have NO control on when they are going to file.

Anyway, we have to deal with all this.

That's bad...really really bad. We spend so much time and money on getting documents ready, medical records and all that. In the end, something like this happens and our bad luck continues to grow.

shantak
06-29-2007, 09:06 AM
Here is what my attorney has sent regarding the AILA release, i dont know whether to believe him or other attorneys, i think i have no choice but to go with what my attorney says.He has been really good in these kinds ofnotices for the past 3 plus years, hope he is correct even with this.

1)There is no way that USCIS would get away with shutting down filing of EB-1, EB-2 and EB-3 Adjustment filings without a massive class action lawsuit against the agency;
2)The power to determine the availability or non-availability of permanent residence visa numbers rests solely with the Department of State. USCIS rejected the “Other Worker” Adjustments based upon a notice from the Department of State that there were no longer any visa numbers for the category. I recently attended our annual AILA immigration conference and there were members in attendance who had interviewed the Department of State official who sets the priority dates. The understanding was unequivocal that the Department of State office felt the numbers would remain available throughout July, and perhaps, as late as September;
3)At this time, there are 40,000 immigrant visa numbers available for the rest of the fiscal year. This means that in order for the Department of State to issue any kind of notice to USCIS, 40,000 permanent residence petitions would have to be APPROVED prior to the end of July. I am highlighting the word approved, because I need for all of my clients to understand that between June and July, there will a lot more than 40,000 Adjustments filed. However, what determines an immigrant visa number usage is the approval of a permanent residence.

Now let’s go back to simple math: there are 140,000 immigrant visas available per fiscal year. 40,000 visa numbers are available at this time. The fiscal year runs from October 1st through September 30th. That means that in the first 9 months of the fiscal year, the Department of State and USCIS have managed to approve 100,000, which turns out to be 11,111 petitions per month. There is no possible way that USCIS and the Department of State are going to approve almost 4 times the number of permanent residencies in the month of July. The agencies do not have the time, nor do they have the manpower to approve 40,000 petitions within the next 30 days or so. That is the very reason why the Department of State official solely responsible for the priority dates felt pretty good about the availability of visa numbers throughout the month of July when he spoke to my colleagues from AILA.

To be honest with all of you, I was really disappointed in the message from AILA. In the rush to “inform,” they forgot to pause, analyze and really discuss the true possibility that USCIS would be directed by the Department of State to halt receipt of Adjustment of Status petitions. I want my clients to know this: at this point, I am not worried that the visa numbers will not be available throughout July. If I were worried, I would let you know. My responsibility is to guide you through this process and if there is any genuine worry on my part, I will let you know IMMEDIATELY.

ramus
06-29-2007, 09:14 AM
Very well said.. This will give a little hope to everybody..
Thanks for your post.



QUOTE=shantak]Here is what my attorney has sent regarding the AILA release, i dont know whether to believe him or other attorneys, i think i have no choice but to go with what my attorney says.He has been really good in these kinds ofnotices for the past 3 plus years, hope he is correct even with this.

1)There is no way that USCIS would get away with shutting down filing of EB-1, EB-2 and EB-3 Adjustment filings without a massive class action lawsuit against the agency;
2)The power to determine the availability or non-availability of permanent residence visa numbers rests solely with the Department of State. USCIS rejected the “Other Worker” Adjustments based upon a notice from the Department of State that there were no longer any visa numbers for the category. I recently attended our annual AILA immigration conference and there were members in attendance who had interviewed the Department of State official who sets the priority dates. The understanding was unequivocal that the Department of State office felt the numbers would remain available throughout July, and perhaps, as late as September;
3)At this time, there are 40,000 immigrant visa numbers available for the rest of the fiscal year. This means that in order for the Department of State to issue any kind of notice to USCIS, 40,000 permanent residence petitions would have to be APPROVED prior to the end of July. I am highlighting the word approved, because I need for all of my clients to understand that between June and July, there will a lot more than 40,000 Adjustments filed. However, what determines an immigrant visa number usage is the approval of a permanent residence.

Now let’s go back to simple math: there are 140,000 immigrant visas available per fiscal year. 40,000 visa numbers are available at this time. The fiscal year runs from October 1st through September 30th. That means that in the first 9 months of the fiscal year, the Department of State and USCIS have managed to approve 100,000, which turns out to be 11,111 petitions per month. There is no possible way that USCIS and the Department of State are going to approve almost 4 times the number of permanent residencies in the month of July. The agencies do not have the time, nor do they have the manpower to approve 40,000 petitions within the next 30 days or so. That is the very reason why the Department of State official solely responsible for the priority dates felt pretty good about the availability of visa numbers throughout the month of July when he spoke to my colleagues from AILA.

To be honest with all of you, I was really disappointed in the message from AILA. In the rush to “inform,” they forgot to pause, analyze and really discuss the true possibility that USCIS would be directed by the Department of State to halt receipt of Adjustment of Status petitions. I want my clients to know this: at this point, I am not worried that the visa numbers will not be available throughout July. If I were worried, I would let you know. My responsibility is to guide you through this process and if there is any genuine worry on my part, I will let you know IMMEDIATELY.[/QUOTE]

gc_lover
06-29-2007, 09:21 AM
Thanks for information shantak, and we hope you and your lawyer are correct.

anai
06-29-2007, 09:26 AM
Here is what my attorney has sent regarding the AILA release, i dont know whether to believe him or other attorneys, i think i have no choice but to go with what my attorney says.He has been really good in these kinds ofnotices for the past 3 plus years, hope he is correct even with this.

1)There is no way that USCIS would get away with shutting down filing of EB-1, EB-2 and EB-3 Adjustment filings without a massive class action lawsuit against the agency;
.
.
.

To be honest with all of you, I was really disappointed in the message from AILA. In the rush to “inform,” they forgot to pause, analyze and really discuss the true possibility that USCIS would be directed by the Department of State to halt receipt of Adjustment of Status petitions. I want my clients to know this: at this point, I am not worried that the visa numbers will not be available throughout July. If I were worried, I would let you know. My responsibility is to guide you through this process and if there is any genuine worry on my part, I will let you know IMMEDIATELY.

If nothing else, this attorney deserves a medal for at least communicating with his clients.

We'll believe what we want to believe. Since the grand goal for many of us here is to get an EAD for dear spouse, here's some contextual Balzac: "There are no small matters for the heart. It magnifies everything. It weighs the fall of a woman's glove and the fall of a 14 century old empire on the same scales. And almost always the glove weighs more." (Apologies if I don't remember the words exactly. It's translated, anyway.)

royus77
06-29-2007, 09:27 AM
Thanks for information shantak, and we hope you and your lawyer are correct.



Does any body have insight how the 40000 visas are spread across country( ROW,India,China) and category limits.( EB1,EB2...) ??

gc_check
06-29-2007, 09:35 AM
Here is what my attorney........
shantak, thanks for sharing the updates. Positive updates like this are good and wish your attorney is correct and all the folks get to file AOS without much pressure.

vxg
06-29-2007, 10:24 AM
Here is what my attorney said.
"Completely false rumor. Legally impossible for retrogression to occur prior to Aug. 1. You'll be getting a Breaking News from us on it today or tomorrow."

boston_gc
06-29-2007, 10:35 AM
Here is what my attorney said.
"Completely false rumor. Legally impossible for retrogression to occur prior to Aug. 1. You'll be getting a Breaking News from us on it today or tomorrow."


Can you all please post what your lawyer's take is on this matter. My lawyer also said that there is no need to worry and saying that she went on vacation till next Wednesday.

I just can't get enought of these lawyers, and government agencies. Who says India is any worse? Have you heard of anything like that in India?

nozerd
06-29-2007, 10:51 AM
There is one major flaw in your lawyers analysis.

He is correct in saying that they issued 11,111 GC's per monththis year, but however that was under retrogression when dates were so far behind (dates for EB2 and EB3 India hadnt moved for ever). His analysis does not take into account those whose 485's may have been pre approved but were not issued a GC due to date not being current. We are not talking about new applications being approved but those whose applications were already preapproved and just waiting for visa numbers.
Anyway no one knopws what will really happen. Just file as early as possible and leave the rest to luck or divine power. Jo hoga dekha jayega, but this is not the time for tyupical desi procascination.




Very well said.. This will give a little hope to everybody..
Thanks for your post.



QUOTE=shantak]Here is what my attorney has sent regarding the AILA release, i dont know whether to believe him or other attorneys, i think i have no choice but to go with what my attorney says.He has been really good in these kinds ofnotices for the past 3 plus years, hope he is correct even with this.

1)There is no way that USCIS would get away with shutting down filing of EB-1, EB-2 and EB-3 Adjustment filings without a massive class action lawsuit against the agency;
2)The power to determine the availability or non-availability of permanent residence visa numbers rests solely with the Department of State. USCIS rejected the “Other Worker” Adjustments based upon a notice from the Department of State that there were no longer any visa numbers for the category. I recently attended our annual AILA immigration conference and there were members in attendance who had interviewed the Department of State official who sets the priority dates. The understanding was unequivocal that the Department of State office felt the numbers would remain available throughout July, and perhaps, as late as September;
3)At this time, there are 40,000 immigrant visa numbers available for the rest of the fiscal year. This means that in order for the Department of State to issue any kind of notice to USCIS, 40,000 permanent residence petitions would have to be APPROVED prior to the end of July. I am highlighting the word approved, because I need for all of my clients to understand that between June and July, there will a lot more than 40,000 Adjustments filed. However, what determines an immigrant visa number usage is the approval of a permanent residence.

Now let’s go back to simple math: there are 140,000 immigrant visas available per fiscal year. 40,000 visa numbers are available at this time. The fiscal year runs from October 1st through September 30th. That means that in the first 9 months of the fiscal year, the Department of State and USCIS have managed to approve 100,000, which turns out to be 11,111 petitions per month. There is no possible way that USCIS and the Department of State are going to approve almost 4 times the number of permanent residencies in the month of July. The agencies do not have the time, nor do they have the manpower to approve 40,000 petitions within the next 30 days or so. That is the very reason why the Department of State official solely responsible for the priority dates felt pretty good about the availability of visa numbers throughout the month of July when he spoke to my colleagues from AILA.

To be honest with all of you, I was really disappointed in the message from AILA. In the rush to “inform,” they forgot to pause, analyze and really discuss the true possibility that USCIS would be directed by the Department of State to halt receipt of Adjustment of Status petitions. I want my clients to know this: at this point, I am not worried that the visa numbers will not be available throughout July. If I were worried, I would let you know. My responsibility is to guide you through this process and if there is any genuine worry on my part, I will let you know IMMEDIATELY.[/QUOTE]

justin150377
06-29-2007, 10:52 AM
i wonder if china/phil and india have used up close to 7% of their quota over the last 9 months?

marblerock
06-29-2007, 10:58 AM
If nothing else, this attorney deserves a medal for at least communicating with his clients.

We'll believe what we want to believe. Since the grand goal for many of us here is to get an EAD for dear spouse, here's some contextual Balzac: "There are no small matters for the heart. It magnifies everything. It weighs the fall of a woman's glove and the fall of a 14 century old empire on the same scales. And almost always the glove weighs more." (Apologies if I don't remember the words exactly. It's translated, anyway.)
Boy did you express it well or what? Here is the translated quote I found "There are no little events with the heart. It magnifies everything; it places in the same scales the fall of an empire of fourteen years and the dropping of a woman's glove, and almost always the glove weighs more than the empire'. Could not have expressed it any better.;)

shantak
06-29-2007, 10:59 AM
While I did consider that when i was reading his email, is it not true that there were around 10000 visas wasted last year because of inability of USCIS processing the applications (essentially processing delays). Should we assume that USCIS ability has increased 4 times this year?

There is one major flaw in your lawyers analysis.

He is correct in saying that they issued 11,111 GC's per monththis year, but however that was under retrogression when dates were so far behind (dates for EB2 and EB3 India hadnt moved for ever). His analysis does not take into account those whose 485's may have been pre approved but were not issued a GC due to date not being current. We are not talking about new applications being approved but those whose applications were already preapproved and just waiting for visa numbers.
Anyway no one knopws what will really happen. Just file as early as possible and leave the rest to luck or divine power. Jo hoga dekha jayega, but this is not the time for tyupical desi procascination.

vparam
06-29-2007, 11:02 AM
While i am not sure about the rumor. I certainely know that state dept can publish supplement bulletin any time of the month. For that matter in the last 3 years they have done that atleast twice. One was when the nurse numbers 50k where released in may 2005, they issued a supplement june bulletin and created a seperate category. the second time was when the same quota was over.

mihird
06-29-2007, 11:28 AM
What USCIS did to the other worker category in June was clearly a violation of Federal regulation (8 CFR Section 245.1(g)) - however since the numbers were insignificant, the violation went unnoticed.

It goes without saying that AILA will file a federal law suit seeking immediate interim relief, if the USCIS does this again...

The repercussions of such a law suit will be worse for the USCIS and very good for the filers. If the judge grants interim relief, that will mean USCIS cannot close the doors until the law suit is settled...USCIS is probably already aware of this possible repercussion and will most certainly avoid this lawsuit situation...

There are an estimated 250,000 (primary) filers expected to take advantage of the July visa bulletin...a number that is hard to go unnoticed...

gc_check
06-29-2007, 11:40 AM
Here is what my attorney said.
"Completely false rumor. Legally impossible for retrogression to occur prior to Aug. 1. You'll be getting a Breaking News from us on it today or tomorrow."

Wish the statement from your attorney is true and we all will be able to file 485 through the month of July with no issue. I'm luckly to get the paper work done and ship the package to Attorney and waiting on their action, But have few friends who could get Medical Appointment only around second/third week of July. Also this EW Other Worker Quota that became unavailable and also rejection of these applications has made us worry a lot, although it is a diffferent category we are at fear that this could happen to us. Reading the VB again, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002... So this category has only 5000 Visas and I'm not surprised this bacame unavailable and think this category is far more crowded than others... We should be fine atleast in July... May be too optimistic... but nothing wrong in hoping for the best and wish all the members can file asap.

priderock
06-29-2007, 11:42 AM
It looks like most people want to believe just what is good for them. I have yet to see the document that says "It is illegal to issue interim visa bulletins or stop accepting applications mid month".

Don't kill the messenger.

Be concerned and be VERY CONCERNED. Being in denial will not help. Work with the assumption that the dates might go back any time. If your conditions does not permit you to file in the first week there is not much you can do. Tough luck if the dates go back. But if there are things you can do , please do...

I will give you an example, It is very difficult to get medical appointments where I live and the first opportunity was July last week. I traveled 120 miles (not much) and got mine done last week, where as a friend of mine did not want travel and took the local appointment for Jul 3rd week assuming he can file by Jul31. With the change in dynamics he has to revise the plans and may not get the appointment 120 miles away.

I mean to say, work with the goal to apply ASAP.

dogking
06-29-2007, 11:43 AM
Just called my lawyer, she will work overtime on Sunday and try to file our applications on Monday.

diptam
06-29-2007, 11:51 AM
There are some docs who are working Overtime and charging $50 or $100 more for Immigration appt ... you might have to dorive down a little bit.

Try to find a Desi doctor - they can do the Imm check up right now if you pay them more and request.

The doc i did was charging $50 more for special evening Immg appts - luckily i took appt On June 15th before the rush started and saved some dollars.

Wish the statement from your attorney is true and we all will be able to file 485 through the month of July with no issue. I'm luckly to get the paper work done and ship the package to Attorney and waiting on their action, But have few friends who could get Medical Appointment only around second/third week of July. Also this EW Other Worker Quota that became unavailable and also rejection of these applications has made us worry a lot, although it is a diffferent category we are at fear that this could happen to us. Reading the VB again, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002... So this category has only 5000 Visas and I'm not surprised this bacame unavailable and think this category is far more crowded than others... We should be fine atleast in July... May be too optimistic... but nothing wrong in hoping for the best and wish all the members can file asap.

rahulpaper
06-29-2007, 11:58 AM
Dont you (the applicant) have to sign the application? If she completes the application on sunday...you should go and sign it(only if you are in same city)...

Just called my lawyer, she will work overtime on Sunday and try to file our applications on Monday.

dogking
06-29-2007, 12:09 PM
after I sign the forms she sent me,

Dont you (the applicant) have to sign the application? If she completes the application on sunday...you should go and sign it(only if you are in same city)...

Ramba
06-29-2007, 12:38 PM
Here is what my attorney has sent regarding the AILA release, i dont know whether to believe him or other attorneys, i think i have no choice but to go with what my attorney says.He has been really good in these kinds ofnotices for the past 3 plus years, hope he is correct even with this.

1)There is no way that USCIS would get away with shutting down filing of EB-1, EB-2 and EB-3 Adjustment filings without a massive class action lawsuit against the agency;
2)The power to determine the availability or non-availability of permanent residence visa numbers rests solely with the Department of State. USCIS rejected the “Other Worker” Adjustments based upon a notice from the Department of State that there were no longer any visa numbers for the category. I recently attended our annual AILA immigration conference and there were members in attendance who had interviewed the Department of State official who sets the priority dates. The understanding was unequivocal that the Department of State office felt the numbers would remain available throughout July, and perhaps, as late as September;
3)At this time, there are 40,000 immigrant visa numbers available for the rest of the fiscal year. This means that in order for the Department of State to issue any kind of notice to USCIS, 40,000 permanent residence petitions would have to be APPROVED prior to the end of July. I am highlighting the word approved, because I need for all of my clients to understand that between June and July, there will a lot more than 40,000 Adjustments filed. However, what determines an immigrant visa number usage is the approval of a permanent residence.

Now let’s go back to simple math: there are 140,000 immigrant visas available per fiscal year. 40,000 visa numbers are available at this time. The fiscal year runs from October 1st through September 30th. That means that in the first 9 months of the fiscal year, the Department of State and USCIS have managed to approve 100,000, which turns out to be 11,111 petitions per month. There is no possible way that USCIS and the Department of State are going to approve almost 4 times the number of permanent residencies in the month of July. The agencies do not have the time, nor do they have the manpower to approve 40,000 petitions within the next 30 days or so. That is the very reason why the Department of State official solely responsible for the priority dates felt pretty good about the availability of visa numbers throughout the month of July when he spoke to my colleagues from AILA.

To be honest with all of you, I was really disappointed in the message from AILA. In the rush to “inform,” they forgot to pause, analyze and really discuss the true possibility that USCIS would be directed by the Department of State to halt receipt of Adjustment of Status petitions. I want my clients to know this: at this point, I am not worried that the visa numbers will not be available throughout July. If I were worried, I would let you know. My responsibility is to guide you through this process and if there is any genuine worry on my part, I will let you know IMMEDIATELY.

This attorney is right. DOS is the one that manages the numbers. Not USCIS. USCIS is just a robot in processing the applications. DOS has legal obligation to issue not more than 140K EB visas per year. They may issue less than 140k visas per year. That’s is alright, no one can question. They can not exceed the limitation. The purpose of all category current in July is to approve all eligible 485s that were pending due to lack of visa numbers. It is not meant for accepting tons of 485 in July. If they do not make current for July, they cannot issue 40,000 visas before the end of FY. USCIS ombudsman scolded them in wasting the visas, despite the heavy demand. That is the reason why it is current. It is “current” not for accepting the tons of 485s. Also, Ombudsman recommended strongly that USCIS has to accept only correct number of 485s to process within time.

Even AILA failed to understand the difference between law and regulation. The regulation is a detailed procedure to implement the law. If they violate law, then they are in trouble. If they violate regulation without violating the law, it is perfectly alright. But only thing, it is not transparent and ideal way of handling the process.

Again, visa bulletin is an advisory notice by DOS to manage the numbers. DOS can instruct any time USCIS to accept or not to accept any 485s in between two visa bulletins.

If any one browse, USCIS web site, you can see this

• The requestor has verified that the current visa bulletin indicates that a visa number is available for the country and classification involved, and that the current bulletin has not been superseded by an advisory from the Visa Control Office.

The Department of State has guaranteed to USCIS that so long as the current visa bulletin and any superseding advisories indicate that a number is available, a number will be assigned.

royus77
06-29-2007, 12:53 PM
It looks like most people want to believe just what is good for them. I have yet to see the document that says "It is illegal to issue interim visa bulletins or stop accepting applications mid month".

Don't kill the messenger.

Be concerned and be VERY CONCERNED. Being in denial will not help. Work with the assumption that the dates might go back any time. If your conditions does not permit you to file in the first week there is not much you can do. Tough luck if the dates go back. But if there are things you can do , please do...

I will give you an example, It is very difficult to get medical appointments where I live and the first opportunity was July last week. I traveled 120 miles (not much) and got mine done last week, where as a friend of mine did not want travel and took the local appointment for Jul 3rd week assuming he can file by Jul31. With the change in dynamics he has to revise the plans and may not get the appointment 120 miles away.

I mean to say, work with the goal to apply ASAP.


Good post . ANy thing can happen and you got a chance after 2 years to file your 485 ..Do what ever you can and file.You may hardly loose 1 grand if you pay premium for all services

sumansk
06-29-2007, 01:04 PM
Guys,
My attorney still feels that USCIS will have to accept the applciations.She is not promising me to file the day she gets my papers.I dont know what to so .At least yr lawyer understands that DOS can ask USCIS to stop apps..

Keeping fingers crossed man.. and wish things go smooth...

Good Luck Everyone....

mihird
06-29-2007, 01:05 PM
What USCIS did to the other worker category in June was clearly a violation of Federal regulation (8 CFR Section 245.1(g)) - however since the numbers were insignificant, the violation went unnoticed.

It goes without saying that AILA will file a federal law suit seeking immediate interim relief, if the USCIS does this again...

The repercussions of such a law suit will be worse for the USCIS and very good for the filers. If the judge grants interim relief, that will mean USCIS cannot close the doors until the law suit is settled...USCIS is probably already aware of this possible repercussion and will most certainly avoid this lawsuit situation...

There are an estimated 250,000 (primary) filers expected to take advantage of the July visa bulletin...a number that is hard to go unnoticed...

AILA has already sent a legal memo to the USCIS, not to violate Federal regulation (8 CFR Section 245.1(g)), he is pretty confident, USCIS will continue to accept I-485s at least until the end of July...

eb3_nepa
06-29-2007, 01:08 PM
Immigration law has retracted the advisory about the possibility of USCIS stopping acceptance of I-485s

pani_6
06-29-2007, 01:16 PM
I dont see that immi law has retracted this news

GCard_Dream
06-29-2007, 01:20 PM
Where do you see that? In his alert today, he only mentioned about the need to get the medical done asap. I don't see any retraction there. Am I missing something here?

Immigration law has retracted the advisory about the possibility of USCIS stopping acceptance of I-485s

barsha
06-29-2007, 01:27 PM
Is there any last date of doing medical if one needs to file by July31st?

delhirocks
06-29-2007, 01:47 PM
Is there any last date of doing medical if one needs to file by July31st?

If you have everything else ready, It takes roughly 2-3 days (atleast 48 hours) from your 1st doctors appointment to when you get the reports. This is the best case scenario considering your results for HIV & TB come out -ve. If you need a chest X-ray, add in another day atleast.

Also, If you filing through a lawyer, there is a significant backlog there, most of the lawyers will not file your papers the day you give it to them, considering you give your lawyer, all completed forms and not a questionairre, it will take a few days for the lawyer at the earliest to go through the papers.

I submitted my papers to the Lawyer last Monday, tentative date for filing given to me is after July4th (6-7 business days after submitting everything). They are filing on FIFO basis.

ramus
06-29-2007, 01:52 PM
So are you saying that date will go back in the middle of the month?


During this period they approved applicants whose date was not current. These persons are getting GCs and there is a thread for such applicants. It is possible that there are 40K+ such persons. Hence, the following does not matter.

gsc999
06-29-2007, 02:01 PM
I am having hard time procuring a Non-availability of Birth record certificate(NAC) from my home city of Delhi. Is there a way around this? I do have affidavits from my parents.

This NAC is holding up my application. Can we submit the document that you get in 10th grade with date of birth instead of the NAC. The NAC process takes a month or so, Police check...local magistrate orders the local municipal corporation et al.

Any suggestion will be greatly appreciates. Sorry if this post is in the wrong thread.

ngopalak
06-29-2007, 02:03 PM
You have a nice attorney
Here is what my attorney has sent regarding the AILA release, i dont know whether to believe him or other attorneys, i think i have no choice but to go with what my attorney says.He has been really good in these kinds ofnotices for the past 3 plus years, hope he is correct even with this.

1)There is no way that USCIS would get away with shutting down filing of EB-1, EB-2 and EB-3 Adjustment filings without a massive class action lawsuit against the agency;
2)The power to determine the availability or non-availability of permanent residence visa numbers rests solely with the Department of State. USCIS rejected the “Other Worker” Adjustments based upon a notice from the Department of State that there were no longer any visa numbers for the category. I recently attended our annual AILA immigration conference and there were members in attendance who had interviewed the Department of State official who sets the priority dates. The understanding was unequivocal that the Department of State office felt the numbers would remain available throughout July, and perhaps, as late as September;
3)At this time, there are 40,000 immigrant visa numbers available for the rest of the fiscal year. This means that in order for the Department of State to issue any kind of notice to USCIS, 40,000 permanent residence petitions would have to be APPROVED prior to the end of July. I am highlighting the word approved, because I need for all of my clients to understand that between June and July, there will a lot more than 40,000 Adjustments filed. However, what determines an immigrant visa number usage is the approval of a permanent residence.

Now let’s go back to simple math: there are 140,000 immigrant visas available per fiscal year. 40,000 visa numbers are available at this time. The fiscal year runs from October 1st through September 30th. That means that in the first 9 months of the fiscal year, the Department of State and USCIS have managed to approve 100,000, which turns out to be 11,111 petitions per month. There is no possible way that USCIS and the Department of State are going to approve almost 4 times the number of permanent residencies in the month of July. The agencies do not have the time, nor do they have the manpower to approve 40,000 petitions within the next 30 days or so. That is the very reason why the Department of State official solely responsible for the priority dates felt pretty good about the availability of visa numbers throughout the month of July when he spoke to my colleagues from AILA.

To be honest with all of you, I was really disappointed in the message from AILA. In the rush to “inform,” they forgot to pause, analyze and really discuss the true possibility that USCIS would be directed by the Department of State to halt receipt of Adjustment of Status petitions. I want my clients to know this: at this point, I am not worried that the visa numbers will not be available throughout July. If I were worried, I would let you know. My responsibility is to guide you through this process and if there is any genuine worry on my part, I will let you know IMMEDIATELY.

friend_in_NC
06-29-2007, 02:03 PM
I have submitted all the documents to my laywer on 6/25 itself (including medical) but they are just heavily back logged and won't be filing my case till Jul 10. I am just frustated now. I even offered to pay extra to speed it up but no use. I am only worried if dates retrogress half way through?

To my real question.. Can we just file on our own with out the lawyer? I would hate to loose this window just coz my laywer couldn't do it. Not sure how I would break that kinda news to my wife, "I know the dates were current for 10 days in July but our lawyer didn't have time so now you will have to stay at home for 1 more year".

delhirocks
06-29-2007, 02:06 PM
I am having hard time procuring a Non-availability of Birth record certificate(NAC) from my home city of Delhi. Is there a way around this? I do have affidavits from my parents.

This NAC is holding up my application. Can we submit the document that you get in 10th grade with date of birth instead of the NAC. The NAC process takes a month or so, Police check...local magistrate orders the local municipal corporation et al.

Any suggestion will be greatly appreciates. Sorry if this post is in the wrong thread.

Get a new BC made, and attach 2 affidatvits. I was able to get the new BC in 2 days. Though 'coz I was bon in a Hospital in Delhi, they could locate my records and the new BC specifies that Date registered was 28 years ago. It costed my parents about Rs2000, they got hold of a dalal in from of the NDMC office and he was able to get everything done. According to them there are tons of people standing there getting these things done.

gc_lover
06-29-2007, 02:09 PM
I have submitted all the documents to my laywer on 6/25 itself (including medical) but they are just heavily back logged and won't be filing my case till Jul 10. I am just frustated now. I even offered to pay extra to speed it up but no use. I am only worried if dates retrogress half way through?

To my real question.. Can we just file on our own with out the lawyer? I would hate to loose this window just coz my laywer couldn't do it. Not sure how I would break that kinda news to my wife, "I know the dates were current for 10 days in July but our lawyer didn't have time so now you will have to stay at home for 1 more year".

Hi! You are not the only one, many people like us are in the same situation as yours. However, there is nothing you can do if the dates retrogress.
Lot of people are filing 485 on their own and you can do that too, I guess. There is a seperate thread for this, please refer to that thread.

delhirocks
06-29-2007, 02:10 PM
I know your pain, Iam in the same boat, submitted everything on 06/26, hopefully everything will be filed after july 4th.

I have submitted all the documents to my laywer on 6/25 itself (including medical) but they are just heavily back logged and won't be filing my case till Jul 10. I am just frustated now. I even offered to pay extra to speed it up but no use. I am only worried if dates retrogress half way through?

To my real question.. Can we just file on our own with out the lawyer? I would hate to loose this window just coz my laywer couldn't do it. Not sure how I would break that kinda news to my wife, "I know the dates were current for 10 days in July but our lawyer didn't have time so now you will have to stay at home for 1 more year".

logiclife
06-29-2007, 02:12 PM
I have submitted all the documents to my laywer on 6/25 itself (including medical) but they are just heavily back logged and won't be filing my case till Jul 10. I am just frustated now. I even offered to pay extra to speed it up but no use. I am only worried if dates retrogress half way through?

To my real question.. Can we just file on our own with out the lawyer? I would hate to loose this window just coz my laywer couldn't do it. Not sure how I would break that kinda news to my wife, "I know the dates were current for 10 days in July but our lawyer didn't have time so now you will have to stay at home for 1 more year".

Here is the self-filing thread.

http://immigrationvoice.org/forum/showthread.php?t=5132

Please read the disclaimer on the home page about the thread content. These are members like you and they are not lawyers and the forums advice is not legal advice or legal counsel. Do it at your own risk.

You still do need your employer to give you one letter about your future employment. Other than that, you might have everything you need to file your 485 and employer's involvement is minimal.

If your 140 has not yet been filed, then you definately need your employer's involvement and in that case, firing your lawyer hired by your employer might actually cause more delay because you will have to do a lot of co-ordination on your own with employer and your new lawyer. Getting 140 filed without lawyer is probably very tough. So self-filing of 485 makes sense mostly for those who have approved 140.

eb3_nepa
06-29-2007, 02:13 PM
Where do you see that? In his alert today, he only mentioned about the need to get the medical done asap. I don't see any retraction there. Am I missing something here?


What I meant is that he has REMOVED that advisory from the site. He has not printed an actual retraction.

gc_chahiye
06-29-2007, 02:17 PM
What I meant is that he has REMOVED that advisory from the site. He has not printed an actual retraction.

I still see his old report there, including "The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July."

What exactly has he removed?

friend_in_NC
06-29-2007, 02:19 PM
Thanks for sharing the self filing thread info. I will start exploring that option.

gsc999
06-29-2007, 02:23 PM
Get a new BC made, and attach 2 affidatvits. I was able to get the new BC in 2 days. Though 'coz I was bon in a Hospital
---
I wasn't born in a Hospital so they won't have a record.

I just spoke to someone at http://www.yourmaninindia.com/ and they informed me that Delhi doesn't issue Non-availability of birth record certificate.

Any other options?

barsha
06-29-2007, 02:26 PM
I have a BC which is issued on 2004. Do I still need 2 affidivits? My Lawyer didn't ask me to gather affidivits. Any thoughts on that?

Did anybody filing through FDBL? Any idea how long they are taking to file once they have all the documents and papers?

Thanks!

delhirocks
06-29-2007, 02:27 PM
---
I wasn't born in a Hospital so they won't have a record.

I just spoke to someone at http://www.yourmaninindia.com/ and they informed me that Delhi doesn't issue Non-availability of birth record certificate.

Any other options?

Please check with your lawyer, According to my lawyer, a new BC with 07/2007 registeration date, accompanied by 2 affidavits from your parents/Uncles/Aunts should suffice.

delhirocks
06-29-2007, 02:30 PM
I have a BC which is issued on 2004. Do I still need 2 affidivits? My Lawyer didn't ask me to gather affidivits. Any thoughts on that?

Did anybody filing through FDBL? Any idea how long they are taking to file once they have all the documents and papers?

Thanks!

This is just my lawyers opinion, If the BC was issued/date of birth registered is after 1 year of birth, 2 affidavits are required.
Also, getting a affidavit made is fairly simple as it does not involve any governmental agency. It is a good idea to notorize it and have it on a cheap stamp paper.

eb3_nepa
06-29-2007, 02:32 PM
I still see his old report there, including "The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July."

What exactly has he removed?


My bad, it was WAYY down below and he had removed the links to it. I apologise for the mis-information.

justAnotherFile
06-29-2007, 02:35 PM
Here is what the attorney firm (one of the top ones in the nation) used by my company sent. They are trying to file all applications by July 1st week.
The fact that they are not dismissing this as a rumour means that they accept there is a "chance" however small that may be that the USCIS can stop accepting applications and they can do nothing about it at that point.

Yes in a way they are cushioning themselves, by sending out these client alerts, so that they are not held at fault if this may happen. But if there was absolutely no chance for this to happen they would certainly have dismissed it outright as a rumour.

---------------------------------

July Adjustment of Status Filings May Be At Risk


Recent rumors have called into question the accuracy of the Department of State's July 2007 Visa Bulletin, which announced that all employment-based categories, with the exception of the "Other Workers" category, will be "current" (i.e. immigrant visa numbers will be available) as of July 1, 2007. These rumors have suggested that United States Citizenship and Immigration Services (USCIS) may potentially, notwithstanding the July Visa Bulletin, not accept adjustment of status filings for all, or a part, of July.

Fueling concern over this possibility is the fact that, during June, USCIS took the unprecedented step of refusing to accept adjustment applications in the third preference "Other Workers" category filed after June 6, even though the bulletin showed numbers available throughout the month. USCIS took this step evidently after receiving notice from the State Department, outside the visa bulletin process, that the available numbers had been exhausted. There are strong legal reasons supporting the argument that this action by USCIS was improper. Nevertheless, the fear is that USCIS will take a similar step with respect to all or some employment-based adjustment of status filings made during July.

The widespread belief among immigration experts is that, even if USCIS accepts all employment-based adjustment of status cases sent for filing in July, there will quickly be another rapid retrogression of immigrant visa availability. This would result in potentially many thousands of newly-filed adjustment cases remaining at USCIS for quite some time while applicants wait for the immigrant visa numbers to again become current.

Obviously, a decision by USCIS not to accept adjustment of status applications for some or all employment-based categories during all or part of July would be a devastating development for companies and foreign national employees who have relied on the July Visa Bulletin and are preparing to file adjustments. Many organizations, including ***** and the Global Personnel Alliance, are working to determine the true position of USCIS and the Department of State on this issue and to advocate for USCIS to accept all adjustments filed during the entire month of July in accordance with the July Visa Bulletin. We will send an update when definitive information is available.

justAnotherFile
06-29-2007, 02:41 PM
just found this post on fragomen.com.

If USCIS is planning on using up all 40K by July 2, and not accepting applications why would they put out a memo like this?

questions are never ending, the only thing in our control is to push our lawyer to file asap.

------

USCIS to Suspend Premium Processing for All I-140 Petitions Beginning July 2
06/28/2007

In a press release issued today, U.S. Citizenship and Immigration Services (USCIS) has announced that it will impose a temporary suspension of premium processing services for all Form I-140 immigrant worker petitions from July 2, 2007 to August 1, 2007. Premium services are being suspended because USCIS expects a surge of I-140 filings beginning on July 2, when immigrant visa priority dates become current for nearly all employment-based categories. The agency anticipates that, due to the high volume of filings, it will be unable to meet the 15-day processing goal of the service.

During the 30-day period, USCIS plans to review its decision to halt premium processing of I-140s, and could extend the suspension beyond August 1 if, due to its workload, the agency remains unable to guarantee 15-day processing. Note that premium processing services are currently suspended for I-140 petitions for which a labor certification substitution is being requested, pursuant to a new Department of Labor (DOL) regulation that prohibits substitution of labor certification beneficiaries beginning July 16, 2007.

abhijitp
06-29-2007, 02:46 PM
my company lawyer responded to my similar question saying they too fear the mid month retrogression, and will try to file ASAP. However, the explanation offered in other posts in this thread (notably, logiclife and shantak) does sound compelling. as someone said, file asap if you can. if you cannot, do not worry, as 1. it won't help and in 2. my humble opinion, shutting the door for ALL within the first month of opening the door for ALL, will be a shame, and will set a very bad precedent, so most likely they will wait at least until end of July before the shut the doors.

ramaonline
06-29-2007, 02:50 PM
Our attorney has set a Saturday deadline for the submission of all forms so that the filing can be done in Jul 1st week - They have reiterated several times that the visa numbers can be unavailable in the middle of July and this cannot be reversed even though USCIS cannot legally override the DOS bulletin.

abhijitp
06-29-2007, 02:51 PM
just found this post on fragomen.com.

If USCIS is planning on using up all 40K by July 2, and not accepting applications why would they put out a memo like this?

questions are never ending, the only thing in our control is to push our lawyer to file asap.

------

USCIS to Suspend Premium Processing for All I-140 Petitions Beginning July 2
06/28/2007

In a press release issued today, U.S. Citizenship and Immigration Services (USCIS) has announced that it will impose a temporary suspension of premium processing services for all Form I-140 immigrant worker petitions from July 2, 2007 to August 1, 2007. Premium services are being suspended because USCIS expects a surge of I-140 filings beginning on July 2, when immigrant visa priority dates become current for nearly all employment-based categories. The agency anticipates that, due to the high volume of filings, it will be unable to meet the 15-day processing goal of the service.

During the 30-day period, USCIS plans to review its decision to halt premium processing of I-140s, and could extend the suspension beyond August 1 if, due to its workload, the agency remains unable to guarantee 15-day processing. Note that premium processing services are currently suspended for I-140 petitions for which a labor certification substitution is being requested, pursuant to a new Department of Labor (DOL) regulation that prohibits substitution of labor certification beneficiaries beginning July 16, 2007.


1. I-140 processing times have been already adversely affected by almost everyone going in for premium processing... in one case (TSC, EB-3?) it went back to 2003
2. there would definitely be a surge in the I-140's beginning July-- many going in for Premium Processing, which would certainly slow them down, and perhaps, make it impossible to guarantee a 15 day response
3. possibly, they are helping speed up the AOS decisions by doing this

However, it sucks that they are doing something like this with a less than 1 week notice!

boston_gc
06-29-2007, 02:55 PM
Yeah, but this also means that they are overwhelmed and can't process and approve 40K cases by July end. So overall, it might be good for us.


1. I-140 processing times have been already adversely affected by almost everyone going in for premium processing... in one case (TSC, EB-3?) it went back to 2003
2. there would definitely be a surge in the I-140's beginning July-- many going in for Premium Processing, which would certainly slow them down, and perhaps, make it impossible to guarantee a 15 day response
4. possibly, they are helping speed up the AOS decisions

Yes, it sucks that they are doing something like this with a less than 1 week notice!

aquarianf
06-29-2007, 02:57 PM
Here is the self-filing thread.

http://immigrationvoice.org/forum/showthread.php?t=5132

Please read the disclaimer on the home page about the thread content. These are members like you and they are not lawyers and the forums advice is not legal advice or legal counsel. Do it at your own risk.

You still do need your employer to give you one letter about your future employment. Other than that, you might have everything you need to file your 485 and employer's involvement is minimal.

If your 140 has not yet been filed, then you definitely need your employer's involvement and in that case, firing your lawyer hired by your employer might actually cause more delay because you will have to do a lot of co-ordination on your own with employer and your new lawyer. Getting 140 filed without lawyer is probably very tough. So self-filing of 485 makes sense mostly for those who have approved 140.


Although I used my lawyer to file my I-485 ( My date was current in June and I submitted all my papers to my lawyer on May 20th and actually it was filed on 27th June), I also prepared I-485/ead application myself over the weekend and when I compare this application with lawyer's, mine was more accurate because lawyer mad small mistake in my address.

Anybody who follow this thread can prepare the application by him/herself.

jonty_11
06-29-2007, 02:59 PM
The USCIS and DOS are not answerable to anyone man...they will just streamroll u!!!

mihird
06-29-2007, 03:18 PM
The USCIS and DOS are not answerable to anyone man...they will just streamroll u!!!

I think, the judicial system in the US is as independent as in India...there is no body under the sun in the US that is not answerable to the judical system..

sumitpendharkar
06-29-2007, 03:18 PM
Thx Macaca for the self-filing option. Unfortunately, that is not an option for many of us. Our corporate lawyers are supposed to handle this and they have out I-140 approvals. So not sure how we can self-file... In most of the cases, these big lawfirms are taking days to respond to us, claiming huge workloads.

akhilmahajan
06-29-2007, 03:23 PM
On June 14th the Visa Bulletin was published for the month of July, and all EB1, EB2 and EB3 green card cases are current starting July 1st, except "other workers". We have learned that this was done to ensure that no employment based green card numbers will be unused for the 2007 fiscal year, which ends on September 30, 2007. As we reported in a prior Immigration Update, an employment based green card cannot be approved without a current priority date. Additionally, the third and final stage of the green card process, Adjustment of Status or Consular Processing, cannot be filed, unless the priority date is current. US Citizenship and Immigration Services will be flooded with I-485 Adjustment of Status applications on July 2nd, the soonest the cases can be filed. Processing times for the Adjustment's interim work and travel authorization are expected to increase beyond their current 90 day times. USCIS has confirmed that Adjustment filings must have all of the requirements (medical clearances, birth certificates, etc.), or the application will be rejected. The priority dates could retrogress to their current levels, or further back, as soon as August 1st, but definitely by October 1st, once enough green cards have been issued for the 2007 fiscal year. Unfortunately, with the end of the comprehensive immigration reform bill, mentioned above, we are not likely to see an increase in the number of employment based green cards anytime soon. Once an Adjustment of Status is filed, an applicant can continue to secure work and travel authorization extensions, until the Adjustment can be decided.

andy garcia
06-29-2007, 03:51 PM
This is taken from: AFM 23.4 Presumption of Lawful Admission and Creation of Record under 8 CFR 101 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|AFM&s_fieldSearch=foliodestination|Chapter 23.5&s_type=all&hash=0-0-0-570)

(5) Procedure for Ordering a Visa Number from the DOS.
Visa numbers are requested by USCIS offices directly from the Visa Control Office of the DOS. The request is only to be made after:

• The applicant has been interviewed and found to be eligible for AOS(or, for cases adjudicated at a service center, simply found to be eligible for AOS); and

• The requestor has verified that the current VB indicates that a visa number is available for the country and classification involved, and that the current bulletin has not been superseded by an advisory from the Visa Control Office.

The DOS has guaranteed to USCIS that so long as the current visa bulletin and any superseding advisories indicate that a number is available, a number will be assigned.

yabadaba
06-29-2007, 03:55 PM
macaca it does make sense. This si what they are doing...opening up the flood gates and allow for a flood. from this flood they will be able to easily approve 40k cases.

once that is done they will shut the flood gates so that the level starts moving towards equilibirium...with labor substitution ending on july 16th ...the 70k backlog elimination labor aps will be done quick enough.. since many will have redone their LC in PERM..and uscis will have an accurate headcount of people in line from this floodgate opening process.

i dont think we ll see retrogression back to 99... but maybe more mangeable levels

ksnewyork
06-29-2007, 03:56 PM
My I140 is approved and now I am filing the I 485/765/131 together based on new developments. Now that all dates are current, are they going to process the application based on July filing date or based on Priority date(labor).

Can please someone confirm that. My attorney says its based on priority date but I just called USCIS information desk and they said that its based on 485 application date.

Thank you

yabadaba
06-29-2007, 03:59 PM
485 application date...go in peace.. contribute somee money to the cause if u can

vijjus
06-29-2007, 03:59 PM
This rumor from fragomen's site is creating a havoc everywhere.

These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.

Never trust the FDBL assholes. They've screwed me multiple times in the past and the irony is that I've paid them for that.

delhirocks
06-29-2007, 04:01 PM
My I140 is approved and now I am filing the I 485/765/131 together based on new developments. Now that all dates are current, are they going to process the application based on July filing date or based on Priority date(labor).

Can please someone confirm that. My attorney says its based on priority date but I just called USCIS information desk and they said that its based on 485 application date.

Thank you

If dates remain current, I-485 will be processed based on receipt date
If dates retrogress (Likely to happen on July 3rd, July 15th, July 31st.....take your pick), then I-485 will be processed based on PD

barsha
06-29-2007, 04:04 PM
Hey Vijjus, what did they do wrong? I thought they were pretty good. Could you please share a little bit more.

Thanks

Never trust the FDBL assholes. They've screwed me multiple times in the past and the irony is that I've paid them for that.

jonty_11
06-29-2007, 04:05 PM
noone can predist USCIS.....on ly pray that they do not retrogress on July5th..like they did for EB3_OTHER category on June 5th.

damialok
06-29-2007, 04:06 PM
Most of the law firms are aware of the possibility of numbers being unavailabe in mid-july and they have started to speed up the work. For e.g me and my spouse are being represented separately by Fragomen but at two different locations. The one at Santa Clara has confirmed that they will send the AOS appls TODAY, June 29th 2007. No news from the other location in San Francisco but I know they are working with a high priority on AOS applications.

Hope that helps some folks in this forum.....

yabadaba
06-29-2007, 04:06 PM
the main thing we need to watch for is whether AC21 rules remain suspended for the next yr. If not.. trickle down policies will make sure that retrogression remains at a decent level.

barsha
06-29-2007, 04:08 PM
Right!
My logic is, they know LOT(thousands) of PPL will be filing. I think they must have a plan. Cause I don't think they opened the gate to reject the applications. There must be a plan.

noone can predist USCIS.....on ly pray that they do not retrogress on July5th..like they did for EB3_OTHER category on June 5th.

sumitpendharkar
06-29-2007, 04:11 PM
For some reason Fragomen lawyers are not speeding up the process for folks at my company. They said that they will only get to our applications the first week of July.

satishku_2000
06-29-2007, 04:20 PM
I just heard from a friend of mine that some attorneys are charging a premium to file applications on 2nd. This makes me think twice about veracity of the rumours .

GCard_Dream
06-29-2007, 04:22 PM
Do you realize that we are talking about USCIS here, the most inefficient department in US? If I were you, I wouldn't be so optimistic.

This is the same department that issued visa extension to a dead terrorist after 6 months of his death.

Right!
My logic is, they know LOT(thousands) of PPL will be filing. I think they must have a plan. Cause I don't think they opened the gate to reject the applications. There must be a plan.

jonty_11
06-29-2007, 04:46 PM
Thanks Andy for something authentic. What is VCO advisory? Does this advisory reset dates in VB?
VCO is the office within DOS.....and yes it can supercede a VB (as it says)

skothuru
06-29-2007, 04:55 PM
I totally agree with you.Couple of days back my lawyer informed us saying she might be able to file our case only in 2nd week of July & definetely not before that..Today she replies back saying that shez going to file our case by this weekend.:D :D :D

Most of the law firms are aware of the possibility of numbers being unavailabe in mid-july and they have started to speed up the work. For e.g me and my spouse are being represented separately by Fragomen but at two different locations. The one at Santa Clara has confirmed that they will send the AOS appls TODAY, June 29th 2007. No news from the other location in San Francisco but I know they are working with a high priority on AOS applications.

Hope that helps some folks in this forum.....

Legal
06-29-2007, 04:55 PM
/\/\/\/\/\/\/\/\/

andy garcia
06-29-2007, 05:02 PM
Thanks Andy for something authentic. What is VCO advisory? Does this advisory reset dates in VB?

The AILA memo says this:

We have been informed that USCIS HQ has instructed the NSC and TSC to reject employment based I-485 applications in the third preference “Other Workers” based on a memo sent by the DOS’s VO to USCIS advising that as of June 6, 2007, there would be no further authorization of visa numbers in this category.

According to this the VO or VCO can advise CIS to stop asking for numbers.
Is this a violation of the law?
Of course not.

AILA is trying to establish a precedent by saying that only the VB is the one that should determine the visa availabulity.

anshulk77
06-29-2007, 05:06 PM
I dont if this is old news but immi-law is reporting that State Dept might issue a revised bulletin On july or July 3 that will change all dates fom Current to unavailable

Legal
06-29-2007, 05:07 PM
The AILA memo says this:


Of course not.

AILA is trying to establish a precedent by saying that only the VB is the one that should determine the visa availabulity.


Are you saying all EB-2,3 will remain current until July 31, 07?

ksnewyork
06-29-2007, 05:16 PM
If dates remain current, I-485 will be processed based on receipt date
If dates retrogress (Likely to happen on July 3rd, July 15th, July 31st.....take your pick), then I-485 will be processed based on PD


I just received the following email from my attorney:
"We have just received notification that the State Department plans to issue
a revised Visa Bulletin for July 2007. We expect to receive this on Monday
or Tuesday. The revised bulletin would retrogress some or all of the
employment based categories, very likely to the point of unavailable. We
will keep you posted".

This is bad news and I have not even filed the 485 yet.

coolmanasip
06-29-2007, 05:25 PM
what happens if the application is already posted???......My lawyer posted our application today by the overnight delivery.......

royus77
06-29-2007, 05:29 PM
what happens if the application is already posted???......My lawyer posted our application today by the overnight delivery.......


I am also in the same boat ...If they put up a notification ( assume on Monday ) will they accept the petitions which came on monday ...any idea how they handled the "Otherworker" before 6 june date ?

Legal
06-29-2007, 05:30 PM
Are the attorneys and law firms spreading rumors about
EB retogression on July 2nd ?

Cynical view:
May be they hope to discourage other people from filing this
weekend?

Non-cynical view:
May be they everyone is nervous and gone insane?:D


AILA National
Sent: Friday, June 29, 2007 3:31 PM
Subject: Update on July Visa Availability


We are hearing from multiple sources that, on Monday or Tuesday of next week
, State Department plans to issue a revised Visa Bulletin for July 2007.
This revised Bulletin would retrogress some or all of the employment-based
categories, very likely to the point of unavailable. Reports from AILA
members about unusual levels and types of activities by USCIS indicate a
particular push to adjudicate employment-based adjustments currently in the
pipeline so as to exhaust visa numbers for fiscal year 2007.

This follows the actions of USCIS in June, when it began rejecting EB-3 "
Other Worker" adjustment applications even though the Visa Bulletin showed
an October 2001 cut-off date, on the basis that the "Other Worker" numbers
for the year had been exhausted.

For more information on this situation, see InfoNet document #07062770: http://www.aila.org/content/default.aspx?docid=22767

STAmisha
06-29-2007, 05:32 PM
hope so

Legal
06-29-2007, 05:34 PM
some brand new "junior" members with 2 posts all made today strogly believing these rumors.

One wonders;)

PD_Dec2002
06-29-2007, 05:35 PM
Are the attorneys and law firms spreading rumors about
EB retogression on July 2nd ?

Cynical view:
May be they hope to discourage other people from filing this
weekend?

Non-cynical view:
May be they everyone is nervous and gone insane?:D

Is it possible to organize such a huge collaborative effort?

Thanks,
Jayant

gc_chahiye
06-29-2007, 05:37 PM
AILA has been posting notes/updates about this. This is for real.

Legal
06-29-2007, 05:38 PM
Is it possible to organize such a huge collaborative effort?

Thanks,
Jayant

I think it is possible...who knows ! everyone is over worked with frayed nerves.

yawl
06-29-2007, 05:38 PM
yes, it is from AILA, very likely to be true:

(ZZ)
AILA National
Sent: Friday, June 29, 2007 3:31 PM
Subject: Update on July Visa Availability


We are hearing from multiple sources that, on Monday or Tuesday of next week
, State Department plans to issue a revised Visa Bulletin for July 2007.
This revised Bulletin would retrogress some or all of the employment-based
categories, very likely to the point of unavailable. Reports from AILA
members about unusual levels and types of activities by USCIS indicate a
particular push to adjudicate employment-based adjustments currently in the
pipeline so as to exhaust visa numbers for fiscal year 2007.

This follows the actions of USCIS in June, when it began rejecting EB-3 "
Other Worker" adjustment applications even though the Visa Bulletin showed
an October 2001 cut-off date, on the basis that the "Other Worker" numbers
for the year had been exhausted.

For more information on this situation, see InfoNet document #07062770: http://www.aila.org/content/default.aspx?docid=22767

More information to follow as it becomes available.

tempgc
06-29-2007, 05:39 PM
There a just posted news on AILA website with the link "Update on July Visa Availability" can some one get this news through their attorney ?

ilwaiting
06-29-2007, 05:44 PM
What a way to ruin the weekend :-(

Legal
06-29-2007, 05:44 PM
yes, it is from AILA, very likely to be true:
(ZZ)

MAY BE, may be not....don't believe me either.

AILA National
Sent: Friday, June 29, 2007 3:31 PM
Subject: Update on July Visa Availability


We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007.
This revised Bulletin would retrogress some or all of the employment-based
categories, very likely to the point of unavailable.

"multiple sources".....sounds classic rumor to me.

Reports from AILA
members about unusual levels and types of activities by USCIS indicate a
particular push to adjudicate employment-based adjustments currently in the
pipeline so as to exhaust visa numbers for fiscal year 2007.

I've read this statement several times...how does this indicate that there will be retrogression??? Also one unusual acitivity of USCIS has been to suspend premium processing of I-140 for the month of July. That to me suggests that they are preparing for the deluge of I-485s.


This follows the actions of USCIS in June, when it began rejecting EB-3 "
Other Worker" adjustment applications even though the Visa Bulletin showed
an October 2001 cut-off date, on the basis that the "Other Worker" numbers
for the year had been exhausted.

Again...aren't the mechanics, numbers allotted to this other worker category different from EB-2,3?:rolleyes:

anai
06-29-2007, 05:45 PM
An attorney I know told me today that:
(1) they believe EB2/3 mid-month retrogression is unlikely in July based on coversations with relevant folks in govt.
(2) USCIS is unlikely to want a spirited fight from AILA by retrogressing mid month, especially given the fight that's already on about June EB-3 unskilled
(3) The June EB-3 unskilled mid-month should be viewed in the context of the just 5000 visas that were left.

I am not going to qualify the attorney by firm name or with adjective phrases such as "very high profile." Nor am I going to quote the attorney in multiple colors. Posting it here for what it's worth (even though I realize this would sound totally bogus if I were to start this post with "a bird told me that...") None of the above is secret knowledge; apparently other AILA attorneys are also up to speed on these points.

In any case, however relaxed attorneys might be, we should probably work on trying to hit that ever-moving target of "as soon as possible," if we want to see the smile that an EAD card will bring to dear spouse's eyes.

somegchuh
06-29-2007, 05:49 PM
ok, there is a lot of prediction that the dates will move from C to U in the very near future. What does it mean for people who currently have I-1485 applications pending? Does it mean they have to wait until the dates move from U to whatever their PD is? if it moves to U in Aug, I think it will be in Oct when it will move again to sometime 2003 (given the large # they are about to receive).

Any ideas about this?

priderock
06-29-2007, 05:51 PM
ok, there is a lot of prediction that the dates will move from C to U in the very near future. What does it mean for people who currently have I-1485 applications pending? Does it mean they have to wait until the dates move from U to whatever their PD is? if it moves to U in Aug, I think it will be in Oct when it will move again to sometime 2003 (given the large # they are about to receive).

Any ideas about this?

They wont adjudicate the applications until the quota for your country and category becomes current for your PD.

Legal
06-29-2007, 05:52 PM
An attorney I know told me today that:
(1) they believe EB2/3 mid-month retrogression is unlikely in July based on coversations with relevant folks in govt.
(2) USCIS is unlikely to want a spirited fight from AILA by retrogressing mid month, especially given the fight that's already on about June EB-3 unskilled
(3) The June EB-3 unskilled mid-month should be viewed in the context of the just 5000 visas that were left.

.

Good points

ilwaiting
06-29-2007, 05:52 PM
Can USCIS and state depmart facxe a class action law suit if this is true

priderock
06-29-2007, 05:55 PM
what happens if the application is already posted???......My lawyer posted our application today by the overnight delivery.......


I guess no body knows at this point. This is a screwed up system.

ramaonline
06-29-2007, 06:10 PM
There is no update on Murthy's website - She normally publishes authentic information on her site - So possibly we still may have a chance in July.

I guess the current wave of forward movement was due to murthy's discussions with Head of DOS.

makemygc
06-29-2007, 06:14 PM
Good points

You'll know if it's a good point or not by Monday or Tuesday. There is no logic behind how USCIS works.

somegchuh
06-29-2007, 06:15 PM
ok so essentially this drastic forward movement of dates means that people who have really old PD's will get screwed as the dates will beocome unvailable for a few months and then like 2005 the dates will go back to 1999 and then take another 6 months or 1 year to come back to 2001-2002 timeframe.

As much as I want everyone to have the benefit of EAD/AP with this date movement, this date movement is going to create serious trouble for those who got stuck in BEC's. Either they won't have the opportunity to apply 485 because they are still stuck or if they managed to file 485 after years of agony they will be stuck in 140/485 queues. Ahhh the wonderful pain of US green card. Sometimes it makes you wonder how much worth it really is :(

They wont adjudicate the applications until the quota for your country and category becomes current for your PD.

Sachin_Stock
06-29-2007, 06:16 PM
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit. :confused:

jfredr
06-29-2007, 06:17 PM
06/29/2007: American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco

The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.

Sachin_Stock
06-29-2007, 06:17 PM
I wonder if such a reaction is warranted considering that there's official news from USCIS at this stage. I would not support the litigation.

legal_la
06-29-2007, 06:24 PM
I wonder if such a reaction is warranted considering that there's official news from USCIS at this stage. I would not support the litigation.


If it does become official I guess we have to rush to file the suit, who knows may be they will have priority dates for the law suits too.

drirshad
06-29-2007, 06:25 PM
Hellooooooo can u post the url to the above posting from AILF

perm2gc
06-29-2007, 06:25 PM
Are the attorneys and law firms spreading rumors about
EB retogression on July 2nd ?

Cynical view:
May be they hope to discourage other people from filing this
weekend?

Non-cynical view:
May be they everyone is nervous and gone insane?:D
one more nail on our coffin :D

gc_chahiye
06-29-2007, 06:28 PM
Also one unusual acitivity of USCIS has been to suspend premium processing of I-140 for the month of July. That to me suggests that they are preparing for the deluge of I-485s.


they could be planning to agressively process all old cases. May not want to touch new ones.

jonty_11
06-29-2007, 06:31 PM
ok....lets just maintain one thread guys....plzzzzzz

jfredr
06-29-2007, 06:32 PM
Hellooooooo can u post the url to the above posting from AILF

http://www.immigration-law.com/
its under breaking news

gc_lover
06-29-2007, 06:35 PM
06/29/2007: Notice to The Oh Law Firm Clients

We have suspended the work for July 485 filing development pending the clarification of the rumor next week. Please bear with us in this confusing and difficult time.
06/29/2007: EB-Visa Number Retrogression?

There is a rumor going around that the State Department will issue a revised Visa Bulletin for July 2007 next Monday (July 2) or Tuesday (July 3) and that it may show retrogression of some or all EB categories, very likely to the point of unavailable for the month of July! Please stay tuned.

drirshad
06-29-2007, 06:36 PM
That Oh guy has been apologizing every second week for tehe rumors he post ....

gc_chahiye
06-29-2007, 06:49 PM
That Oh guy has been apologizing every second week for tehe rumors he post ....

this is on AILA website too. someone posted the link on another thread. lets track all this on hte "Is the door going to..." thread...

agadre
06-29-2007, 06:57 PM
If it does become official I guess we have to rush to file the suit, who knows may be they will have priority dates for the law suits too.

Thats a very good one..:D

jonty_11
06-29-2007, 06:59 PM
lets continue discussion on thread called - "Is teh door shut..."

Ramba
06-29-2007, 07:40 PM
Every one is here is emotional, after seeing the beautiful collective work of USCIS/DOS/DOL/AILA ect.. Now AILA is jumping high between sky and earth and due to the mismanagement of system. Everyone knows both USCIS/DOS is mismanaging the process. However, What AILA was doing when DOS issued the visa bulletin 15 days back? Do you thing, AILA did not know the estimate of number of 485s going to be filed in the month of July? Why did not they call USCIS and DOS about the implication of making all categories current? Why did they not advised their client that there is a mistake in VB, it is not possible it will become current in just one month? All of sudden, why they are jumping and collects all the money from customers to file 485?

Here is my estimate how many 485s is going to be filed in July.

BEC has almost cleared all the backlogs. The rough estimate about 200,000 LC might have been certified by BEC. Let’s assume about 150K out of 200K candidates held back due to retrogression from 2004 to 2007. Let us assume 150 K PERM LC certified between March 2005 and June 2007 affected by retrogression. Therefore about 300K (primary) people will go for 485 in July. If we add dependents it will be another 450K. Therefore about 750K 485s+ 750K AP + 600K EAD applications will be filed in the month of july.

If 750K 485s filled in one month, we need about 5 years sum of EB visa numbers. It needs 5 years to issue the visa. There should be 750,000 EB visas should be immediately available as on July, to make all EB categories current. There are only 40,000 visas available as of June. Does AILA do not aware of this simple estimation?

There are 40,000 eligible/approvable 485 are currently pending with USCIS. The composition of PD and country of chargeability may vary between 2001 and 2007. In order to issue 40,000 remaining visas to already pending 485s they made all categories current, otherwise it will get wasted. In order to approve a 485 the PD should be current. That’s why they made it current. It is not for accepting 750,000 485s, when available number is just 40,000. AILA should have aware of it and advised the USCIS/DOS and customers properly

royus77
06-29-2007, 07:44 PM
In order to approve a 485 the PD should be current

Oh !! I see then to approve a 2001/2002/2003 485 case , every month USICS needs to make the VB current on 15 and retrogress on 30th ....

nixstor
06-29-2007, 07:51 PM
Why cant USCIS/DOS simply release a memo every quarter about how many EB immigrant visas they issued and how many are unused. It does not need to be detailed report like the yearly one DOS releases after the end of fiscal year.

rahulpaper
06-29-2007, 07:57 PM
some assumptions and calculations with answer = 750k . You are right to get this 750K approved it will take 5 years.. ...one more thing to consider is country level limitations. and EB1/2/3 limitations...ROW and China may already be catching up (may not even need 5 years)...India will need 50 years not 5 years to catch up.

My 2 cents..

Every one is here is emotional, after seeing the beautiful collective work of USCIS/DOS/DOL/AILA ect.. Now AILA is jumping high between sky and earth and due to the mismanagement of system. Everyone knows both USCIS/DOS is mismanaging the process. However, What AILA was doing when DOS issued the visa bulletin 15 days back? Do you thing, AILA did not know the estimate of number of 485s going to be filed in the month of July? Why did not they call USCIS and DOS about the implication of making all categories current? Why did they not advised their client that there is a mistake in VB, it is not possible it will become current in just one month? All of sudden, why they are jumping and collects all the money from customers to file 485?

Here is my estimate how many 485s is going to be filed in July.

BEC has almost cleared all the backlogs. The rough estimate about 200,000 LC might have been certified by BEC. Let’s assume about 150K out of 200K candidates held back due to retrogression from 2004 to 2007. Let us assume 150 K PERM LC certified between March 2005 and June 2007 affected by retrogression. Therefore about 300K (primary) people will go for 485 in July. If we add dependents it will be another 450K. Therefore about 750K 485s+ 750K AP + 600K EAD applications will be filed in the month of july.

If 750K 485s filled in one month, we need about 5 years sum of EB visa numbers. It needs 5 years to issue the visa. There should be 750,000 EB visas should be immediately available as on July, to make all EB categories current. There are only 40,000 visas available as of June. Does AILA do not aware of this simple estimation?

There are 40,000 eligible/approvable 485 are currently pending with USCIS. The composition of PD and country of chargeability may vary between 2001 and 2007. In order to issue 40,000 remaining visas to already pending 485s they made all categories current, otherwise it will get wasted. In order to approve a 485 the PD should be current. That’s why they made it current. It is not for accepting 750,000 485s, when available number is just 40,000. AILA should have aware of it and advised the USCIS/DOS and customers properly

gc_check
06-29-2007, 08:04 PM
Oh !! I see then to approve for a 2001/2002/2003 485 case , every month USICS needs to make the VB current on 15 and take back to on 30 ....

Not necessarily that they have to make it current as the retrogression kicked in only @ 2005 Jan, so none with PD 2005 or later has their petition pending at this time at least in EB2/3 category. Also in 2004 there was not PERM and folks filed for Labor, except in certain states like Iowa, etc... Were waiting for labors somewhere between 6-10 months minimum. Mine took more than 2 years. So the I-485 petition pending, latest PD most likely could have PD’s up to June/July 2004 for EB2/3 category. So if they set the cutoff date Dec 2003 or Jan/Jun 2004 they will have sufficient petitions that are already processed and ready for approval, If they do not want to loose the visa numbers. I don’t understand the logic behind the VB, that visa availability showing current for all categories.. Had they bumped the Cut-Off date by 6 months at a time for each month or even a year, this might not have been so bad.

rajesh_kamisetty
06-29-2007, 11:10 PM
From: AILA National
Sent: Friday, June 29, 2007 5:48 PM
Subject: Follow-up to Update on July Visa Availability

Further to the email earlier today about July visa availability:

Several members have asked whether they should continue in their efforts to
file adjustment of status applications for employment-based cases. Of course
, this is a matter for each attorney's best judgment, but note that:

-It is not certain what day the revised Bulletin will be issued.

-It is possible that the revised bulletin will not issue at all--efforts to
stop this unprecedented action are being pursued.

-If you "front desk" the application, i.e. decide it is futile to file, and
a remedy opens up later, having submitted the applications may improve the
chances of utlizing whatever fix might be available.

-If you do submit the adjustments, be sure to use a method whereby you can
document delivery, and keep that documentation for each client.

-AILF's Legal Action Center is seeking plaintiffs with respect to both the
adjustment applications that were or are expected to be rejected for June
and the adjustment applications that are expected to be rejected in July. Go
to InfoNet Document # 07062975: http://www.aila.org/content/default.aspx?docid=22798 on InfoNet for the Potential Plaintiff Questionnaire and related FAQ.

We cannot predict now what will happen, but will continue to update the
membership as developments occur.