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  #1 (permalink)  
Old 07-05-2007, 09:34 AM
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Default ombudsman's report- VERY encouraging

http://www.dhs.gov/xlibrary/assets/C...eport_2007.pdf

USCIS stated:
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved.



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the gist of the reccomendation is...let everyone file for 485 immediately, instead of forcing them to wait till visa numbers become available. Perhaps USCIS tried to implement this reccomendation by making all priority dates current..but for some reason they withdrew it?
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Old 07-05-2007, 09:37 AM
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Quote:
Originally Posted by njboy
http://www.dhs.gov/xlibrary/assets/C...eport_2007.pdf

USCIS stated:
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved.



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the gist of the reccomendation is...let everyone file for 485 immediately, instead of forcing them to wait till visa numbers become available. Perhaps USCIS tried to implement this reccomendation by making all priority dates current..but for some reason they withdrew it?

That's great. But note that this is the same old report, dated June 11th and not something new in response to the events on July 2nd. USCIS did have this report available to them, when they decided to stop accepting 485's on July 2nd.
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Old 07-05-2007, 09:45 AM
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you are right anai..but USCIS is saying that
1) immigrant visa numbers were given as soon as applications were filed in the 80's
2) this policy was modified by the DOS which oversees the whole procedure

Maybe USCIS acted in good faith to implement this reccomendation but someone else might have objected?

The ombudsmans reccomendation is due to concerns that the visa numbers got underutelized because of innacurate reporting (Im sure many people have multiple I-140's filed through different companies, 2 parallel applications one through their employer, one through their spouses etc)
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  #4 (permalink)  
Old 07-05-2007, 11:02 AM
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It could also be that they are waiting for the fee increase to kick in before make this policy change
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Old 07-05-2007, 11:06 AM
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njboy,

The jist of recommendation only means that CIS should assign a visa number as soon as a petition is received and not after the approval process so that he petitioned is counted against that FY's quota only.

It has nothing to do with visa numbers being current or not!

Further its is DoS that decides on the dates being current of retrogressed, everyone should know this by now.
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