PDA

View Full Version : July Supplemental Bulletin


la_guy
07-02-2007, 11:32 AM
UPDATE ON JULY VISA AVAILABILITY

The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:

Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

Department of State Publication 9514
CA/VO: July 2, 2007

gc_chahiye
07-02-2007, 12:53 PM
UPDATE ON JULY VISA AVAILABILITY

The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:

Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

Department of State Publication 9514
CA/VO: July 2, 2007

they crib and complain so much and can barely approve 10k applications a month! When a fire was lit under them (dates about to become C) to avoid the incoming tsunami of AOSs they managed to use up 60,000 visa numbers in 2-3 weeks!!! Bastards have been wasting visa numbers almost every year until now because of their inefficiency.

sledge_hammer
07-02-2007, 12:55 PM
My attorney will go ahead and file my application in the evening today. She said I can be a plaintiff in the lawsuit :D

gdhiren
07-02-2007, 12:57 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

Current update link, No idea whath that means. It's not clear whether they will accept the application during July or not.

ssdtm
07-02-2007, 12:57 PM
This bulletin does not explain clearly. It does not say whether they will continue to accept AOS applications or will stop accepting new applications.

gc_chahiye
07-02-2007, 12:57 PM
My attorney will go ahead and file my application in the evening today. She said I can be a plaintiff in the lawsuit :D

what lawsuit? As Matthew Oh also pointed out, the VB has been revised. this is not some internal decision that USCIS made, like the EB3-Other-Workers thing.
This is all perfectly legal. Anyway lets see the response from AILA/AILF

tnite
07-02-2007, 12:58 PM
This bulletin does not explain clearly. It does not say whether they will continue to accept AOS applications or will stop accepting new applications.


Thats true. what the supplemental bulleting is says is no new GC's will be approved this FY but no info on applications
I hope they come up with the announcement soon

sledge_hammer
07-02-2007, 12:59 PM
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases

Does this mean they will ACCEPT applications but just not APPROVE any more?

sands_14
07-02-2007, 12:59 PM
All those who are ready to apply,apply still.
They all can add to the force of plaintiffs in the biggest ever class-action suit.Maybe we all get Citizenships alloted as the redressal .Or if they give million dollar each,that shud be fine too.We can accomplist the American dream and be proud citizens of our respectoive countries and go back.

tnite
07-02-2007, 01:00 PM
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases

Does this mean they will ACCEPT applications but jsut not APPROVE any more?

no one's got the answer for that.

PD_Dec2002
07-02-2007, 01:01 PM
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases

Does this mean they will ACCEPT applications but just not APPROVE any more?

July 02 filers don't seem to be safe according to OH Law Firm (http://www.immigration-law.com/):

- If visa number is unavailable in the Visa Bulletin, it appears that the USCIS is unable to accept the 485 applications under the USCIS regulation. It is thus likely that all the applications which they received or will receive today may be rejected and returned. The current situation is different from the other worker cases rejection in June in that in that case, the State Department did not officially revised the Visa Bulletin. However, we will have to wait and see the anticipated announcement from the USCIS.

Thanks,
Jayant

sands_14
07-02-2007, 01:01 PM
If they receive it,it gets accepted?They might not issue receipt till after October1,2007.
How can they return ?WHo will reimburse the medical costs and fedex costs and attorney fees.Attorneys will charge us again.
What crap?
Lets add ourselves to the class-action suit for sure!

go2roomshare
07-02-2007, 01:02 PM
How come they used 60000 in one month. There is not that many approvals

howzatt
07-02-2007, 01:02 PM
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases

Does this mean they will ACCEPT applications but just not APPROVE any more?

I am no expert but doesn't USCIS have to come up with this clarification or press release?

sankap
07-02-2007, 01:02 PM
Here's what my lawyer said:
My understanding is that USCIS will be rejecting the I-485s they receive today, though no official word on this yet.

iambest
07-02-2007, 01:03 PM
They had f@#$ing 15 days to revise it. Why whould they do it now?

royus77
07-02-2007, 01:04 PM
no one's got the answer for that.


Oh law firm mentioned , USICS is going to reject and resend back the applications as the effective date is 2 july and its revised VB . They are going by their regulation. Its all State Department scwred us

bomber
07-02-2007, 01:04 PM
no one's got the answer for that.


It's not up to the DOS to make that call. The can just say whether or not visa numbers are available for a month. An official notification has to come from USCIS saying if they will or will not accept aplpications.

gc_chahiye
07-02-2007, 01:04 PM
All those who are ready to apply,apply still.
They all can add to the force of plaintiffs in the biggest ever class-action suit.Maybe we all get Citizenships alloted as the redressal .Or if they give million dollar each,that shud be fine too.We can accomplist the American dream and be proud citizens of our respectoive countries and go back.

hahaha. Citizenship? thats a good one! Or maybe they will move our PDs back by one year :)

Most class action lawsuits end up with the attorneys making all the money, and the plaintiffs ending up with coupons or things like that. But those are the lawsuits against private companies. Not sure what happens with the government...

tnite
07-02-2007, 01:04 PM
Here's what my lawyer said:
My understanding is that USCIS will be rejecting the I-485s they receive today, though no official word on this yet.

rejecting in what sense?
dont accept the mail or send it back after accepting the mail (even though both are the same)

tnite
07-02-2007, 01:05 PM
hahaha. Citizenship? thats a good one! Or maybe they will move our PDs back by one year :)

Most class action lawsuits end up with the attorneys making all the money, and the plaintiffs ending up with coupons or things like that. But those are the lawsuits against private companies. Not sure what happens with the government...


I dont mind getting a GC coupon

PD_Dec2002
07-02-2007, 01:05 PM
They had f@#$ing 15 days to revise it. Why whould they do it now?

Because USCSIS probably had planned to exhaust the numbers this weekend.

Thanks,
Jayant

sands_14
07-02-2007, 01:06 PM
Reliability of Visa bulletin is in total question here.
They need to accept all applications they receive in JULY.At leats we will have EADs.

pitha
07-02-2007, 01:07 PM
I pray to god they will accept all applications, atleast the applications mailed on july 2. But realistically they will reject all 485 applications including the ones sent on July 2. The reason they cleared 60k applications is to deny you, me and everyone the ability to get ead after june 30.

This bulletin does not explain clearly. It does not say whether they will continue to accept AOS applications or will stop accepting new applications.

beautifulMind
07-02-2007, 01:07 PM
if they just send back the mail...then there is no way of knowing who applied..so even if there is a case and we win then how would anyone know who all tried to apply?

I think it is a lost cause

gc_chahiye
07-02-2007, 01:08 PM
How come they used 60000 in one month. There is not that many approvals

I really hope they used up as many EB3-ROW as possible. If that gets to C, then India/China/Mexico can exceed that 7% per-country limit when dates are non-U again! With EB3-ROW retrogression number of Indian approvals per year has gone down from 40k in recent years to 9k last year.

sands_14
07-02-2007, 01:08 PM
Employers and employees are the ones who take the B******T

hope2007
07-02-2007, 01:09 PM
I am just wondering what the oct bulletin will be. Will it be the global 'C' or some new retrogressed date..:confused:

sledge_hammer
07-02-2007, 01:09 PM
The bulleting says -

there will be no further authorizations inresponse to requests for Employment-based preference cases

It does not say that the July bulletin has been "revised." It also says -

it has been necessary to make immediate adjustments to several previously announced cut-off dates

What we need now is an answer as to what "immediate adjustments" means.

Oh law firm mentioned , USICS is going to reject and resend back the applications as the effective date is 2 july and its revised VB . They are going by their regulation. Its all State Department scwred us

gc_chahiye
07-02-2007, 01:10 PM
The reason they cleared 60k applications is to deny you, me and everyone the ability to get ead after june 30.

exactly. and thats what really hurts. USCIS went out of its way: processing 6x to 10x more applications than what it usually does, just to screw us.

royus77
07-02-2007, 01:12 PM
The bulleting says -

there will be no further authorizations inresponse to requests for Employment-based preference cases

It does not say that the July bulletin has been "revised." It also says -

it has been necessary to make immediate adjustments to several previously announced cut-off dates

What we need now is an answer as to what "immediate adjustments" means.


These are the bastard who made this situation and i a have no hope that they will come and accept the Application as per July Visa Bulletin .

glus
07-02-2007, 01:13 PM
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases

Does this mean they will ACCEPT applications but just not APPROVE any more?

that's a $1,000,000 question sledge. Nobody knows how USCIS will decide whether or not they will accept petitions that are already mailed. Some believe the uscis will accept the applications to avoid law suits and collect fees. Others think the uscis will not accept even 1 more I485....we will see a press release shortly from uscis. I am sure that AILA and the others are communicating with USCIS now......

J

tnite
07-02-2007, 01:15 PM
that's a $1,000,000 question sledge. Nobody knows how USCIS will decide whether or not they will accept petitions that are already mailed. Some believe the uscis will accept the applications to avoid law suits and collect fees. Others think the uscis will not accept even 1 more I485....we will see a press release shortly from uscis. I am sure that AILA and the others are communicating with USCIS now......

J


AILA and USICS will come up with a GRAND BARGAIN.
All petitions filed by AILA lawyers will get accepted and eveything else(docs) will be used to clean up the USICS mess.

yhhou22
07-02-2007, 01:16 PM
my understanding of this newly posted VB revision is DOS is purposely making the statement unclear so that it leaves for USCIS to intepret it. On top of that, it successfully pointed fingers to USCIS because it says "the sudden backlog reduction by USCIS" in the first sentence; what a great way to escape any liability DOS is facing! I kind of feel sorry for USCIS for this particular situation even it deserves more blame for the whole torture we all endured. Now the ball is in USCIS's court and they do either way will offense someone or other. It is remain to be seen. I believe this need to be exposed to the main stream media as soon as possible and request some legal actions or at least some opinions from legal expert: is the government violating laws by doing this? Is there any precendents, not only in immigration law, but other government reguations similar to this? what are the outcome of those cases? Do legal immigrants have a ground to sue the government?

augustus
07-02-2007, 01:16 PM
My lawyer email me. She is asking me to hold on until USCIS updates about whether they are going to accept applications or not. She is worried it may be either returned, lost or rejected.

She was waiting for the end of the business day to send out packets but I think that was a wise decision. I don't think we should rush in this madness. Hold on people. Don't make stupid decisions. We don't want to risk it. BE WISE.

Better to be safe than sorry. Let us watch for updates and watch out for each other's back!! Let us be strong and let us be ONE. WE NEED TO BE UNITED. FIGHT TILL WE WIN.

sledge_hammer
07-02-2007, 01:18 PM
You are damn right my friend .... I was thinking the exact same thing! The statement is ambiguous on purpose so that they can interpret it any which way they want later ...

my understanding of this newly posted VB revision is DOS is purposely making the statement unclear so that it leaves for USCIS to intepret it. On top of that, it successfully pointed fingers to USCIS because it says "the sudden backlog reduction by USCIS" in the first sentence; what a great way to escape any liability DOS is facing! I kind of feel sorry for USCIS for this particular situation even it deserves more blame for the whole torture we all endured. Now the ball is in USCIS's court and they do either way will offense someone or other. It is remain to be seen. I believe this need to be exposed to the main stream media as soon as possible and request some legal actions or at least some opinions from legal expert: is the government violating laws by doing this? Is there any precendents, not only in immigration law, but other government reguations similar to this? what are the outcome of those cases? Do legal immigrants have a ground to sue the government?

k3GC
07-02-2007, 01:20 PM
How come a govt. organization that is never known to do things on time, all of sudden is able to approve 60000 GCs in such a short period ? Why did they have to do it by end of June ? If they had done that by end of July would anything have been different for the folks who were getting the Green Cards - NO.

I think this was all planned. There was a reason why the numbers were made current and there is a reason why the numbers became unavailable.

I think we should get to the bottom of this. This stinks ......

indianindian2006
07-02-2007, 01:20 PM
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf

desi3933
07-02-2007, 01:21 PM
The bulleting says -

there will be no further authorizations inresponse to requests for Employment-based preference cases

It does not say that the July bulletin has been "revised." It also says -

it has been necessary to make immediate adjustments to several previously announced cut-off dates

What we need now is an answer as to what "immediate adjustments" means.

As per section 245(g)(1)
Availability of immigrant visas under section 245.
An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed.

Based on this, I-485 filed in July are not considered "peroperly filed" and most likely will be rejected.

___________________
Not a legal advice

bomber
07-02-2007, 01:21 PM
You are damn right my friend .... I was thinking the exact same thing! The statement is ambiguous on purpose so that they can interpret it any which way they want later ...


Does DOS normally have to say anything about "accepting" new I-485 aplpications? Isn't their job only to talk about the visa number availability?

rangaswamy
07-02-2007, 02:11 PM
http://www.aila.com/content/default.aspx?docid=22805

this document says they are rejecting it.

leoindiano
07-02-2007, 02:14 PM
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf

This one too...

Looks like USCIS conveniently asked DOS to revise and later issued this statement saying DOS made the decision, we are just following it. This makes their case stronger...