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manohar77
07-06-2007, 05:26 PM
SPECIAL ALERT: U.S. Visa Posts Will Continue to Issue Immigrant Visas in July for July Interview Scheduled EB Applicants?

AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................
It thus appears that those who are scheduled for IV interviews should keep the schedule of interviews in July regardless of the current Visa BullEtin fiasco. Readers may also ignore our previous message on the consular processing. It is an extremely confusing time. Please check the visa interview appointment letters from your American consulate. Please stay tuned to this website for further information on the IV consular processing.


source: oh law firm

Munna Bhai
07-06-2007, 05:26 PM
SPECIAL ALERT: U.S. Visa Posts Will Continue to Issue Immigrant Visas in July for July Interview Scheduled EB Applicants?

AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................
It thus appears that those who are scheduled for IV interviews should keep the schedule of interviews in July regardless of the current Visa BullEtin fiasco. Readers may also ignore our previous message on the consular processing. It is an extremely confusing time. Please check the visa interview appointment letters from your American consulate. Please stay tuned to this website for further information on the IV consular processing.


source: oh law firm


what does this mean??

jonty_11
07-06-2007, 05:28 PM
looks like for people whose PD became current in July (based on VB released June13th)...they can still go for their VISa appointment

Huh!!!! what abt 485 filers...no respite for them....

Raju
07-06-2007, 05:29 PM
looks like for people whose PD became current in July (based on VB released June13th)...they can still go for their VISa appointment

Huh!!!! what abt 485 filers...no respite for them....

This is the 18K I was talking about earlier.

jonty_11
07-06-2007, 05:31 PM
This is the 18K I was talking about earlier.
it defintely is not the filers who send in Application July 2nd....but old filers whose apptt just happens to be in the month of July 07...

Am I reading correctly?

nyte_crawler
07-06-2007, 05:32 PM
If you read the newly updated bulletin today, DOS is asking USCIS to read the updated july bulletin concurrent with the july bulletin published in June 13. If you intrepet the bulletin now, it says all are current, but they are no visa numbers for people to get approved, since it already has been used. I think if my interpretation is correct, no 485 filed this month will be rejected now.
--I am not a lawyer, these are just my logical conculsions.

adde72
07-06-2007, 05:33 PM
This is the 18K I was talking about earlier.

if USCIS want more fee they can make it effective rather than denying the EAD/APO

test101
07-06-2007, 05:33 PM
Today is a creepy day.. things do not make any sence. How come the oversees can get thier visas and people inside the country are going to be rejected?

seriously today the news do not make sence at all.

Raju
07-06-2007, 05:34 PM
If you read the newly updated bulletin today, DOS is asking USCIS to read the updated july bulletin concurrent with the july bulletin published in June 13. If you intrepet the bulletin now, it says all are current, but they are no visa numbers for people to get approved, since it already has been used. I think if my interpretation is correct, no 485 filed this month will be rejected now.
--I am not a lawyer, these are just my logical conculsions.

If the numbers are unavailable they have to reject the application.

OLDMONK
07-06-2007, 05:35 PM
If you read the newly updated bulletin today, DOS is asking USCIS to read the updated july bulletin concurrent with the july bulletin published in June 13. If you intrepet the bulletin now, it says all are current, but they are no visa numbers for people to get approved, since it already has been used. I think if my interpretation is correct, no 485 filed this month will be rejected now.
--I am not a lawyer, these are just my logical conculsions.

I have the same feeling. Will have to wait and see. Now this issue seems to me as forking on two different paths.

asanghi
07-06-2007, 05:37 PM
If you read the newly updated bulletin today, DOS is asking USCIS to read the updated july bulletin concurrent with the july bulletin published in June 13. If you intrepet the bulletin now, it says all are current, but they are no visa numbers for people to get approved, since it already has been used. I think if my interpretation is correct, no 485 filed this month will be rejected now.
--I am not a lawyer, these are just my logical conculsions.


Since morning everybody is talking about visa bulletin update and I have been scratching my head trying to understand what has it really means. What you say makes complete sense to me.

nyte_crawler
07-06-2007, 05:37 PM
If the numbers are unavailable they have to reject the application.

No. You will only get rejected only when dates are not current. When you read both the bulletins together, it just merely says there are no more visas for the USCIS to grab from DOS for approval. This is my interpretation.

InTheMoment
07-06-2007, 05:40 PM
Guys it's the procedure. Consular posts receive visa number allocations before the interview and if in case the interview does not happen or the petition is rejected it is sent back to the visa pool.

Whereas in the case of USCIS the visa numbers are only allocated once an application is approvable.

This spillover to July is pretty obvious, you can still see approvals coming in this month from USCIS.

alterego
07-06-2007, 05:41 PM
They are not supposed to grant CP appointments and approvals in July per the regulations. They have decided to bend the rules to approve the currently pending 485s and CPs. They came up with this lame excuse that since the visas were already shipped out to the consular posts ................yada yada. Point is as I said they can't do 18K CP applications in a day at the consulates the way they seem to have done for the 485s. Even this I am not sure.
I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.

Raju
07-06-2007, 05:44 PM
No. You will only get rejected only when dates are not current. When you read both the bulletins together, it just merely says there are no more visas for the USCIS to grab from DOS for approval. This is my interpretation.

Do not make statements if you are not sure. I am pretty sure that the apps will be rejected unless USCIS does something dramatic.

crystal
07-06-2007, 05:47 PM
He clearly said it is his interpretation . now you r saying ur pretty sure .
I am not sure who is making statements here

Do not make statements if you are not sure. I am pretty sure that the apps will be rejected unless USCIS does something dramatic.

test101
07-06-2007, 05:51 PM
They are not supposed to grant CP appointments and approvals in July per the regulations. They have decided to bend the rules to approve the currently pending 485s and CPs. They came up with this lame excuse that since the visas were already shipped out to the consular posts ................yada yada. Point is as I said they can't do 18K CP applications in a day at the consulates the way they seem to have done for the 485s. Even this I am not sure.
I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.

Why though? It does not make sence. They could have given the 18k to the
I-485 filers and partialy saved themselves the headch from the media and legal immigrants inside the country. It's bad enough that they used 250,00 in 48 hours, now they are ignoring people who has been legal inside the country for 5-10 year s waiting for green card!!!!!! Things are not adding up?

clockwork
07-06-2007, 05:54 PM
Interesting. Now July 2007 VB case is exactly similar to June 2007 other worker case. The only difference is, for july 2007 VB, they revised VB. for june 2007 other worker VB, they did it internally without public notice.

they want to approve old I-485 application based on June 13th released July 2007 VB. But they want to reject new I-485 application based on July 2nd release July 2007 VB. They are too greedy. I agree, this benefits some of IV members. This is my take on it.

:mad: :mad: :mad:

sunny1000
07-06-2007, 06:02 PM
No. You will only get rejected only when dates are not current. When you read both the bulletins together, it just merely says there are no more visas for the USCIS to grab from DOS for approval. This is my interpretation.

I like your interpretation. I think this is how DOS sees it too..After calculating the number of visas required by consular posts for the month of July, DOS made all dates current to enable USCIS use the maximum amount for the current fiscal year. But, USCIS chose to use all of the visa numbers before July.

But, as far as DOS is concerned, the visa bulletin is technically current and it can still use the quota that it had calculated for all its consular posts. But, it ran out of visa numbers that it can give to USCIS.

Boy, my head spins trying to come up with some logical explanation to this mess. The above is just my theory. Feel free to disagree.:confused:

jonty_11
07-06-2007, 06:08 PM
ImmigrationALERT

published by Hammond Law Group, LLC

July 2, 2007

Retrogression is Back


As expected, the Department of State has just announced that there are no longer Visa Numbers still available in FY-2007 (October 1, 2006 - September 30, 2007). Apparently the DOS authorized 60,000 approvals in June 2006, which would truly be an unprecedented monthly number. Employment preference numbers will once again be available beginning October 1, 2007, under the FY-2008 annual numerical limitation.

Any case that was filed per the June Visa Bulletin should have been accepted by the USCIS; however we are aware of many cases that have not yet received their receipt notices. It remains unclear what will happen to those cases.
Any cases that were filed for a July 1 visa date will be returned.
Any overseas Consular Processing case will now not be acted on until October 1, provided that the October Visa Bulletin shows a priority date earlier than one's priority date. If you received a Visa Appointment date, we expect that the appointment will be revoked; but theoretically the DOS could have already accounted for those appointments. Therefore HLG strongly urges Beneficiaries to present to their appointment.

This is a CIRCUS......waht crap...
Hammond saying ur appointment may have been revoked but show up anyhow..
Most of CP guys will need to travel outa US to get to their appoint just to be turned away...great !!!

jonty_11
07-06-2007, 06:10 PM
I like your interpretation. I think this is how DOS sees it too..After calculating the number of visas required by consular posts for the month of July, DOS made all dates current to enable USCIS use the maximum amount for the current fiscal year. But, USCIS chose to use all of the visa numbers before July.

But, as far as DOS is concerned, the visa bulletin is technically current and it can still use the quota that it had calculated for all its consular posts. But, it ran out of visa numbers that it can give to USCIS.

Boy, my head spins trying to come up with some logical explanation to this mess. The above is just my theory. Feel free to disagree.:confused:
bottom line is that they have released a statement (USCIS has) that they will reject any application filed in July...so unless they take that back..no applications will be accepted/entertained by them

GCBy3000
07-06-2007, 06:12 PM
If this is true, then all the consular posts would have been informed not to reject any visa candidates in the month of July no matter whether they are terrorist or junkies. If they reject even one visa in July, then it comes back to the pool on the date of rejection. So USCIS is bound to accept all the 485 applications received before this date.

I wish one daring CP officer returns one visa number to USCIS on July 31st stating the candidate did not turn up for the interview.

I like your interpretation. I think this is how DOS sees it too..After calculating the number of visas required by consular posts for the month of July, DOS made all dates current to enable USCIS use the maximum amount for the current fiscal year. But, USCIS chose to use all of the visa numbers before July.

But, as far as DOS is concerned, the visa bulletin is technically current and it can still use the quota that it had calculated for all its consular posts. But, it ran out of visa numbers that it can give to USCIS.

Boy, my head spins trying to come up with some logical explanation to this mess. The above is just my theory. Feel free to disagree.:confused:

test101
07-06-2007, 06:15 PM
07/06/2007: Revised July 2007 Visa Bulletin

The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.

http://www.immigration-law.com/

GCBy3000
07-06-2007, 06:16 PM
What does this statement mean?

http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf


per existing policies and procedures, requests for Premium Processing Service will continue to be processed within 15 days. USCIS wishes to assure all customers that the original received date (the date which the document is date stamped) will be honored and recorded on the receipt notice. This date will appear in the "Received Date" box on Form I-797, Notice of Action. The received date is different from the "Notice Date", which also appears on Form I-797. The Notice Date is the date the receipt notice was actually generated.

clockwork
07-06-2007, 06:17 PM
It looks like USCIS wants to maintain FIFO. Before PERM, DOL was the bottle neck. It is fixed now. If USCIS approves all old I-485 based on July VB showing 'C', then it can easily flow control priority dates from October 2007. But I beleive, I-485 application mid-month rejection will continue based on the VISA numbers available with them for rest of the fiscal year.

I do not think, USCIS is going to accept any single application from July 2007 filers. My appln is also coming back.

nyte_crawler
07-06-2007, 06:20 PM
bottom line is that they have released a statement (USCIS has) that they will reject any application filed in July...so unless they take that back..no applications will be accepted/entertained by them

This is the statement from USCIS
----------
July 2, 2007, 12:10 PM EDT - Dept. of State has revised its July Visa Bulletin to reflect that all available employment-based immigrant visas have been allocated for fiscal year 2007.

As a result, beginning today, USCIS is rejecting applications to adjust status (I-485) filed by aliens whose priority dates are not current under the revised July Bulletin
-----------------------------

All they are saying is that under the revised bulletin if your dates are not current, then the application will be rejected. If I interpret now, after DOS updated their bulletin to be taken concurrently, the dates are current for employment categories and they have to accept the applications. But they cannot approve it. Also, they have to perform counsulor processing for the already allocated visas. If the dates are not current, the consular processing has to be stopped immediately according to the law. Then there are various theories going on about visas being allocated to pending applications at USCIS, they cannot be approved if the dates are unavailable.

I believe, again according to my opinion, they just fixed the technical glitch by a word "CONCURRENT". I will wait until a lawyer interprets it and checks up with USCIS for an answer.

I dont have anything to gain by saying applications will be accepted Senior Raj, because I am in this game for the past years and my 485 is been pending for 4 yrs already.

Cavaet Emptor : Just my opinion.

sunny1000
07-06-2007, 06:29 PM
If this is true, then all the consular posts would have been informed not to reject any visa candidates in the month of July no matter whether they are terrorist or junkies. If they reject even one visa in July, then it comes back to the pool on the date of rejection. So USCIS is bound to accept all the 485 applications received before this date.

I wish one daring CP officer returns one visa number to USCIS on July 31st stating the candidate did not turn up for the interview.

That is true but, a few visa numbers coming back into the pool due to potential rejections at the consular posts won't make any difference as USCIS has plenty of backlogged applications from people who filed before July 2007 for whom it can approve those numbers.

DOS may also simply make them go to waste just like how they did in the previous years instead of allowing USCIS to reuse those numbers.

shaikhshehzadali
07-06-2007, 07:55 PM
This is the statement from USCIS
----------
July 2, 2007, 12:10 PM EDT - Dept. of State has revised its July Visa Bulletin to reflect that all available employment-based immigrant visas have been allocated for fiscal year 2007.

As a result, beginning today, USCIS is rejecting applications to adjust status (I-485) filed by aliens whose priority dates are not current under the revised July Bulletin
-----------------------------

All they are saying is that under the revised bulletin if your dates are not current, then the application will be rejected. If I interpret now, after DOS updated their bulletin to be taken concurrently, the dates are current for employment categories and they have to accept the applications. But they cannot approve it. Also, they have to perform counsulor processing for the already allocated visas. If the dates are not current, the consular processing has to be stopped immediately according to the law. Then there are various theories going on about visas being allocated to pending applications at USCIS, they cannot be approved if the dates are unavailable.

I believe, again according to my opinion, they just fixed the technical glitch by a word "CONCURRENT". I will wait until a lawyer interprets it and checks up with USCIS for an answer.

I dont have anything to gain by saying applications will be accepted Senior Raj, because I am in this game for the past years and my 485 is been pending for 4 yrs already.

Cavaet Emptor : Just my opinion.


They are going to reject all I485 received after 2nd July..PERIOD

Zee
07-06-2007, 08:41 PM
whats going in USCIS... looks like they have gone wild....

tampacoolie
07-06-2007, 11:17 PM
USCIS is above the LAW

gc_aspirant_prasad
07-06-2007, 11:21 PM
USCIS is above the LAW
A joke I heard somewhere :
Difference between USCIS & God : Even God doesnt think He is USCIS :)

NeedMiracles
07-06-2007, 11:49 PM
One other difference why July CPs are still a go is coz Visa Posts are run by the DOS. Visa Posts don't have anything to do with USCIS. When DOS made the dates current, they accounted for those that were already in the pipeline and gave the remaining to USCIS (AOS petitions). And now when DOS ran out of numbers, they just informed USCIS about it and its USCIS that made the choice to reject all applications...

I know it is unfair and does not make a lot of logical sense but I guess that's what has happened...

sunil1971
07-07-2007, 02:49 AM
I have received an interview appointment on August 8. what will happend for this.

bluez25
07-08-2007, 03:12 PM
Sunil can u post the details of your case and also the consulate from which you received the letter. I do not see the appointmnet schdule for August.. Curious to see your reply buddy....

skp71
07-08-2007, 03:58 PM
As per USCIS, they have approved 25K cases last week end. But, where are the approvals? Are they holding for some reason? People who got the actual card last month end, says "residence since June 4th" on the card. That means, they have done the approval and printed the card almost a month back. I think, that's what going to happen in this case too. We should see huge approvals soon. What do you guys think?

jayz
07-17-2007, 07:57 PM
While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?