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-   -   July2nd Filers (https://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/10435-july2nd-filers.html)

virald 07-18-2007 02:08 AM

July2nd Filers Might have to file again
 
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/sh...ad.php?t=10383

Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/200...qs-part-1.html

part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesnít explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also donít know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.

virald 07-18-2007 02:34 AM

^^^^^^^^^^^^

abhijitp 07-18-2007 02:37 AM

really?
 
Quote:

Originally Posted by virald
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/sh...ad.php?t=10383

Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/200...qs-part-1.html

part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesnít explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also donít know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.

This would be interesting as well as cause for concern for many of us. Do we have to go through the whole process one more time and file again?

virald 07-18-2007 02:40 AM

Quote:

Originally Posted by abhijitp
This would be interesting as well as cause for concern for many of us. Do we have to go through the whole process one more time and file again?

I don't know, I am trying to figure that out too.

amitjoey 07-18-2007 02:45 AM

Applications already properly filed will be accepted, means all applications from the 2nd July to 16th July will be accepted if properly filed (Means: If they have the proper documents and are otherwise eligible, meaning filing fees and certified labor)

http://www.uscis.gov/files/pressrele...ate17Jul07.pdf

anilsal 07-18-2007 02:48 AM

Plus the July 2nd bulletin has been reversed (meaning totally void). So the July 2nd filers should be ok. Infact there is a grim possibility that you may be assigned the remaining yearly visa numbers (as per Greg Siskind's blog entry).

Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).

virald 07-18-2007 02:54 AM

Quote:

Originally Posted by janilsal
Plus the July 2nd bulletin has been reversed (meaning totally void). So the July 2nd filers should be ok. Infact there is a grim possibility that you may be assigned the remaining yearly visa numbers (as per Greg Siskind's blog entry).

Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).

Guys,
I don't like to worry but here is Greg Siskind's comment --(don't know what to make of it)

Just to clarify, some cases received on July 2nd were rejected according to the USCIS' own announcement. I am not sure if people have started to get those applications back or not yet. Perhaps people on the blog can weigh in. The dilemma is what to do if you don't know whether the case is in or not. No clear answer yet. AILA may get some info on this when it presumably meets with USCIS on this very soon.

Posted by: Greg Siskind | July 17, 2007 at 09:17 PM

abhijitp 07-18-2007 02:57 AM

What does it mean to be "rejected"?
 
As in, if you have a delivery confirmation from Fedex/UPS does it have any significance? It is still not clear if it will be accepted/ rejected AFAIK.

Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?

More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.

nixstor 07-18-2007 02:58 AM

Quote:

Originally Posted by amitjoey
Applications already properly filed will be accepted, means all applications from the 2nd July to 16th July will be accepted if properly filed (Means: If they have the proper documents and are otherwise eligible, meaning filing fees and certified labor)

http://www.uscis.gov/files/pressrele...ate17Jul07.pdf

Exactly, I posted the same on Greg's blog as a response. How ever, you should be calling USCIS if you do not receive a Receipt number in 30 days or if your checks are not cashed. There are not many AOS applications filed after first week of July. 3 to 4 weeks time frame is common turn around time. Dont freak out until then.

aristotle 07-18-2007 05:11 AM

Can all the July 2nd filers update this thread if

- you have your application rejected and returned.
OR
- you get a receipt number or have your check cashed.

Please login and subscribe to this thread.

insbaby 07-18-2007 07:02 AM

USCIS did not say that.
 
USCIS did not say that they will return the application and they should be refilled.

With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.

Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.

It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.

My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.

psk79 07-18-2007 09:38 AM

Hi Guys,

Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."

I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.

So please post your information as to when your app is received at USCIS.

Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.

Thanks.

gc_lover 07-18-2007 10:00 AM

Quote:

Originally Posted by psk79
Hi Guys,

Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."

I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.

So please post your information as to when your app is received at USCIS.

Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.

Thanks.

Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.

f_b_2007 07-18-2007 10:32 AM

Quote:

Originally Posted by gc_lover
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.

Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..

I will call USCIS next monday if I dont hear anything before then..

sandiboy 07-18-2007 10:33 AM

Mine reached on Jul 2nd @ 7:55AM. I was also current per June bulletin but it was filed in July. No Receipt yet.

gc_lover 07-18-2007 10:34 AM

Quote:

Originally Posted by f_b_2007
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..

I will call USCIS next monday if I dont hear anything before then..

I read in one of the other thread that, a lawyer said, it might take couple of weeks to generate receipt numbers for early July filers. They are almost done with receipt number for June filers and will start with July filers.

psk79 07-18-2007 10:37 AM

Quote:

Originally Posted by gc_lover
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.

You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.

Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...

map_boiler 07-18-2007 10:43 AM

Our packet was delivered to NSC on July 2nd at 7:55 am...

sands_14 07-18-2007 10:59 AM

Hold
 
All packets were kept on hold and we should all be ok because they will start sending receipts soon for all complete packages.
The wait will be long but its good that everyone will enjoy EAD benefits .
As such,whats the new fees for EAD and AP?

Suva 07-18-2007 11:03 AM

My packet was delivered at 9.01 AM on July 2nd.

johnamit 07-18-2007 11:14 AM

however,
 
some applications have already been rejected, mostly on July 2nd but a very few.

Quote:

Originally Posted by insbaby
USCIS did not say that they will return the application and they should be refilled.

With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.

Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.

It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.

My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.


gc_lover 07-18-2007 11:19 AM

Quote:

Originally Posted by johnamit
some applications have already been rejected, mostly on July 2nd but a very few.

Do you know if these applications were send back right away or they are still holding it?

Where did you get this information, can you please post the source?

bigboy007 07-18-2007 11:26 AM

other than some quoting did you know any of your friends or your attorneys cases getting rejected.

virald 07-18-2007 11:38 AM

Source - Greg Siskind
 
Quote:

Originally Posted by gc_lover
Do you know if these applications were send back right away or they are still holding it?

Where did you get this information, can you please post the source?

From Greg Siskind's blog
His Comments --
I think all of the July 2nd to July 17th filers will be okay and should get the benefit of the earlier filing, but USCIS simply has not spelled out how they'll handle and also how people incorrectly rejected at the very beginning will be able to reclaim their place in line. That's the mystery at this point.
AND
I was actually the one to report that cases were being held at the service centers and this was because of a first hand account from someone actually at the service center. But I was told that some applications were, in fact, rejected before word came down from HQ that cases were to be held until further instructions were issued.

xyz2005 07-18-2007 11:43 AM

2 July filers
 
What is meant by "Rejected" here?

-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)

Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.

I contacted my attorney but so far no reply. Will update all of you.

I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks

virald 07-18-2007 11:49 AM

Quote:

Originally Posted by xyz2005
What is meant by "Rejected" here?

-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)

Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.

I contacted my attorney but so far no reply. Will update all of you.

I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks

Rejection means -- packets opened, and, returned as reject because dates not current.
I am also convinced that, if one has not gotten the package back, the person should be okay. But, just want to get the confirmation that we will be okay proactively rather than waiting.
I'll post as soon as I find out from my lawyer.

kpchal2 07-18-2007 11:52 AM

hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process

kpchal2 07-18-2007 11:53 AM

can some one call 1-800-375-5283, with ext 1,2,3,6 and talk to a person at USCIS and see what they know about the applications on july 2nd. i am on the pacific coast and it is still not 8 here. seems like they only talk between 8 and 6

gc_lover 07-18-2007 11:54 AM

I checked with somebody who has hired Rajiv Khanna as his lawyer. He said that those who had filed in July are fine and there is no need to re-file it.

I am still waiting to hear from my lawyer though.

singhsa3 07-18-2007 11:54 AM

Please explain Greg's comment,

"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd,reached 11:34 AM CST, has not been returned yet, shouldn't we assume that it will be accepted?

tapukakababa 07-18-2007 11:55 AM

what to ask?
 
Quote:

Originally Posted by f_b_2007
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..

I will call USCIS next monday if I dont hear anything before then..


what should we ask them for if we call, 'coz they might not have entered our file in their system yet.

speddi 07-18-2007 12:01 PM

my application reached texas center on july 2nd at 10.23am .. I called USCIS today and the rep said they didnt enter the information into the system..he said it might take upto 30 days to start giving receipt notices because of the load of applications

tapukakababa 07-18-2007 12:01 PM

what should we ask?
 
Quote:

Originally Posted by kpchal2
can some one call 1-800-375-5283, with ext 1,2,3,6 and talk to a person at USCIS and see what they know about the applications on july 2nd. i am on the pacific coast and it is still not 8 here. seems like they only talk between 8 and 6

what should we ask them for if we call, 'coz they might not have entered our file in their system yet.

kpchal2 07-18-2007 12:01 PM

Quote:

Originally Posted by tapukakababa
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.

Is it possible to ask them if they have the file with them and ask them to do a name check on the applications or some kind of relevant information related to the application. i am sure they should have put the files some where with some easy to identify tags. can some one call the uscis, i am planning to do with the nexy 40 min as that is when it is 8 here in the pacific coast :-)

kalakotim 07-18-2007 12:03 PM

No need to panic
 
Guys,
We all should be ok.One of my friends called USCIS several times and everytime he has been told that all the applications filed on July 2nd and after were put on HOLD. I wouldn't worry abt Greg's comments.

tapukakababa 07-18-2007 12:03 PM

keep contributing
 
Contributions so far

$100 + $100

bidhanc 07-18-2007 12:18 PM

Quote:

Originally Posted by singhsa3
Please explain Greg's comment,

"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd,reached 11:34 AM CST, has not been returned yet, shouldn't we assume that it will be accepted?

Is it not possible to re-submit the documents all over, even though USCIS might be holding on to our first applications of July 2nd?
What are the ramifications (if any) of doing this?

GCapplicant 07-18-2007 12:23 PM

Quote:

Originally Posted by gc_lover
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.

Exactly,Even I think so...If they did not want to accept they would have done at the door step.So I think better we can wait and see for another week if any cases are like that.My lawyer mentioned she hasnt got any rejections until now.She has been sending continuous applications even a week before during this problem.She mentioned last week that she is still sending applications in and has Fed ex delivery confirmations for all the applications.

xyz2005 07-18-2007 12:37 PM

july 2 filers
 
Its getting dicey here

My attorney says so far I have not received your rejection but not to say USCIS might have mailed one and we have not received it. If we get it then we will resubmit..if not then you will get receipt notice.

He did not address whether we will be able to retain our July 2nd queue number or not.

We all should be worried now.! Don't know what to say or recommend.

shannonxi 07-18-2007 12:47 PM

Mine reached NSC on July 2 at 9:02 AM. Got Fedex delivery confirmation and no receipt from CIS yet. Will check with my lawyer for advise.


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