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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 07-12-2007, 04:59 PM
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Angry I will file lawsuit against USCIS, if they approved July recieved cases

This is insane. There are posts on immigrationportal that some ppl are getting approved even after July 12, those with PD 2005. To hell with this BS.
No objection to the lucky ppl who got it, but for sake of shutting this insanity I will file a lawsuit, if they process any application filed from July 2nd.

PS : I'vent filed my case yet. I dont believe in the popular opinion to file and wait for the lawsuit. I'm not against the lawsuit as it covers (it must) non filers, I'm going to wait. As per my attorney and myself, I will abide by USCIS statement to reject all applications recieved from 2nd July. Because if they retract and come up with yet another VB for July, this time they will be in for not a pleasant surprise.

Last edited by EndlessWait; 07-12-2007 at 05:17 PM.
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  #2 (permalink)  
Old 07-12-2007, 05:11 PM
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syzygy is on a distinguished road
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Yes why only accept July 2nd applications, if they are at fault they should make it current for at least couple of months.

Quote:
Originally Posted by EndlessWait
This is insane. There are posts on immigrationportal that some ppl are getting approved even after July 12, those with PD 2005. To hell with this BS.
No objection to the lucky ppl who got it, but for sake of shutting this insanity I will file a lawsuit, if they process any application filed after July 2nd.

PS : I'vent filed my case yet. I dont believe in the popular opinion to file and wait for the lawsuit. I'm not against the lawsuit as it covers (it must) non filers, I'm going to wait. As per my attorney and myself, I will abide by USCIS statement to reject all applications recieved from 2nd July. Because if they retract and come up with yet another VB for Jully, this time they will be in for not a pleasant surprise.
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  #3 (permalink)  
Old 07-12-2007, 05:11 PM
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Do you think this will ever happen?
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Old 07-12-2007, 05:14 PM
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Default including july 2nd

Quote:
Originally Posted by syzygy
Yes why only accept July 2nd applications, if they are at fault they should make it current for at least couple of months.
that was my semantic error. What I meant to say was all cases from 2nd.

Last edited by EndlessWait; 07-12-2007 at 05:15 PM. Reason: typos
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  #5 (permalink)  
Old 07-12-2007, 05:45 PM
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OLDMONK is on a distinguished road
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I am pretty sure none from July 2nd would get picked. We have had one report of someones check for I485 being cashed. Other than that not a single report of acceptance or checks cashing, out of 20-40k(my assumption not a fact) which were delivered on 2nd July.
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  #6 (permalink)  
Old 07-12-2007, 05:53 PM
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It's impossible for USCIS to approve any cases filed on July 2nd. Don't they need some time to conduct name check?
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  #7 (permalink)  
Old 07-12-2007, 05:55 PM
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TheGreatMan is on a distinguished road
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Quote:
Originally Posted by jessie1981
It's impossible for USCIS to approve any cases filed on July 2nd. Don't they need some time to conduct name check?
hmm let me think Yes .. Only if they want to do Name Check though ..
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  #8 (permalink)  
Old 07-12-2007, 05:56 PM
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syzygy is on a distinguished road
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thats why i said only respite for affected / hurt people is that this should be current for couple of months.

Quote:
Originally Posted by EndlessWait
that was my semantic error. What I meant to say was all cases from 2nd.
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  #9 (permalink)  
Old 07-12-2007, 05:59 PM
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i am in same boat and wanting to do 'the right thing' . waiting for next instruction. they have to treat all July folks same,
1) weather they filed already
2) or they are holding the filing

The guys who are still filing as it is ok with some law gurus... should also get same benefit .. after all they are being 'guided' by the the law champions.. who are supposed to be knowing law. all the postings from murthy,rajeev khanna about still ok on filing in july.. should be preserved... as a proof that they guided /misguided us. THIS IS TOTAL CHAOS. AND WE CAN CLEARLY SEE EVEN THE LAWYERS ARE NOT CONFIDENT
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  #10 (permalink)  
Old 07-12-2007, 06:03 PM
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another one has a reputation beyond repute another one has a reputation beyond repute another one has a reputation beyond repute another one has a reputation beyond repute another one has a reputation beyond repute another one has a reputation beyond repute another one has a reputation beyond repute another one has a reputation beyond repute another one has a reputation beyond repute another one has a reputation beyond repute another one has a reputation beyond repute
Default USCIS will get a lawsuit either ways...

whether they accept July applications or not. You should really look out for yourself and see what actions provide you the best odds i.e. whether there is a benefit in applying in July for the small possibility that USCIS will accept July applications.

Some lawyers (specially ones hired by bigger companies) are lazy and are discouraging filing in July. The companies also don't want to risk any unnecessary money on lawyers as the applications will most likely get rejected. They are making the best decision for themselves. For us the best decision might be to push our companies/lawyers to file in July as it still might (slight possibility) help us in the end.

Quote:
Originally Posted by EndlessWait
This is insane. There are posts on immigrationportal that some ppl are getting approved even after July 12, those with PD 2005. To hell with this BS.
No objection to the lucky ppl who got it, but for sake of shutting this insanity I will file a lawsuit, if they process any application filed from July 2nd.

PS : I'vent filed my case yet. I dont believe in the popular opinion to file and wait for the lawsuit. I'm not against the lawsuit as it covers (it must) non filers, I'm going to wait. As per my attorney and myself, I will abide by USCIS statement to reject all applications recieved from 2nd July. Because if they retract and come up with yet another VB for July, this time they will be in for not a pleasant surprise.
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  #11 (permalink)  
Old 07-12-2007, 06:04 PM
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Angry Law is what USCIS says

Quote:
Originally Posted by GCchakravyuh
i am in same boat and wanting to do 'the right thing' . waiting for next instruction. they have to treat all July folks same,
1) weather they filed already
2) or they are holding the filing

The guys who are still filing as it is ok with some law gurus... should also get same benefit .. after all they are being 'guided' by the the law champions.. who are supposed to be knowing law. all the postings from murthy,rajeev khanna about still ok on filing in july.. should be preserved... as a proof that they guided /misguided us. THIS IS TOTAL CHAOS. AND WE CAN CLEARLY SEE EVEN THE LAWYERS ARE NOT CONFIDENT
No lawyer can give u the 100% correct choice. As far as I know, if USCIS says they won't accept anything from 2nd. That's the law to me or perhaps any attorney. If they do process anything from 2nd onwards, that 100% unlawful both in the eyes of the court and me.
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  #12 (permalink)  
Old 07-12-2007, 06:25 PM
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AmericanDreamZ is on a distinguished road
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Quote:
Originally Posted by EndlessWait
No lawyer can give u the 100% correct choice. As far as I know, if USCIS says they won't accept anything from 2nd. That's the law to me or perhaps any attorney. If they do process anything from 2nd onwards, that 100% unlawful both in the eyes of the court and me.
OK...not trying to sound rude or preachy, but I knew this kind of dicussion was not too far off. There are a set of people who have filed on July2nd, some on july 3rd and even some on july4th 5th ...and maybe even today.

And there is another set who have not files due to various reasons like lawyer giving advice not too or rather saying that they won't.

And yet another set who are still waiting for the medical appointment to file and some who have even cancelled the medical appointment after the updated july bulletin...

And apart from all this there are the BEC cases stuck since god knows when.

But the fact remains no matter which boat you are sailing in, all of them are headed towards the same destination, and the law makers (or breakers, as the case maybe) are making life a living hell even before we are close to getting there.

I am sure everyone will want to look out for their own cause and rightly so, but eventually you have to understand that the they will not be able to come up with a decision that would be in anyway biased, if they do they are probably going to be in for a real long haul legal battle. So like someone earlier mentioned any course they take they are in for a law suit. I guess the only safe option i see is honoring the original july bulletin. Any other course will surely lead to law suits. And this king of in fighting or division amongst the community over how can one set get thru when the other doesn't just helps them more.

In my opinion - nothing is going to change, no new bulletins, maybe a legal battle but probably not an quick result, as there are more pressing issues to consider at the moment in congress or in the courts.

Just take it easy everyone and don't make jump to comclusions just over a couple of rumors. When the news does come out (if any at all) a calculated and correct judgement will be made.

-ADZ
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  #13 (permalink)  
Old 07-12-2007, 06:57 PM
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priderock is an unknown quantity at this point
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Quote:
Originally Posted by EndlessWait
This is insane. There are posts on immigrationportal that some ppl are getting approved even after July 12, those with PD 2005. To hell with this BS.
No objection to the lucky ppl who got it, but for sake of shutting this insanity I will file a lawsuit, if they process any application filed from July 2nd.

PS : I'vent filed my case yet. I dont believe in the popular opinion to file and wait for the lawsuit. I'm not against the lawsuit as it covers (it must) non filers, I'm going to wait. As per my attorney and myself, I will abide by USCIS statement to reject all applications recieved from 2nd July. Because if they retract and come up with yet another VB for July, this time they will be in for not a pleasant surprise.

Are you filing a law suite because they are approving cases in July 2007 (After Jul 7) that have PD potentially after yours ? I encourage you to file a law suite to accept your case because they are still processing the applications. On the class action suite , there are different classes for those filed and those who did not file I485. The benefits may be different for each class based on how it goes.

Last edited by priderock; 07-12-2007 at 07:19 PM.
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  #14 (permalink)  
Old 07-12-2007, 07:24 PM
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lkapildev is infamous around these parts lkapildev is infamous around these parts
Default This is going to happen|| Watch out... Not a joke

Take one by one and try to answer properly.

1. What is CIS is returning visa #'s to DOS.?

There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

2. How USCIS and Consulate can report unused Visa #'s?

You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.

All these Visa #'s are reported back

3. To me around 20000 such numbers are available for this years quota

4. Can my applications sneak into this #?

Answer is uncertain.

If your have an old priority dates then probability is high

If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

5. What would August VB have?

If they do not approve any July2 filling then here is what they will do

a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD

They are making a decision fast, that the reason Aug VB is not yet published

6. Will USCIS reverse the new decision?

Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

7. How about Law suite?

Do not worry there is a slick chance. Don’t you think all dept are notified or consulted before cis took a decision.

I have no hope from this process. It's just building a fake hope.

8. People are still filling the application.

Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

There is no guarantee that you will process your application from XYZ law firm in Oct.

If you file now through them, you are bonded with him until you hear some good news from CIS.

There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.

Last edited by lkapildev; 07-12-2007 at 07:55 PM.
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