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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 07-18-2007, 02:08 AM
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Exclamation July2nd Filers Might have to file again

Continuing on this forum with more generic title
http://immigrationvoice.org/forum/sh...ad.php?t=10383 (Could early July I-485 Filing be rejected ??)

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.

Last edited by virald; 07-18-2007 at 02:33 AM. Reason: clarifying title
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  #2 (permalink)  
Old 07-18-2007, 02:34 AM
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^^^^^^^^^^^^
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  #3 (permalink)  
Old 07-18-2007, 02:37 AM
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Default really?

Quote:
Originally Posted by virald
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/sh...ad.php?t=10383 (Could early July I-485 Filing be rejected ??)

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?
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  #4 (permalink)  
Old 07-18-2007, 02:40 AM
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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.
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  #5 (permalink)  
Old 07-18-2007, 02:45 AM
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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
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  #6 (permalink)  
Old 07-18-2007, 02:48 AM
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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).
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  #7 (permalink)  
Old 07-18-2007, 02:54 AM
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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
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  #8 (permalink)  
Old 07-18-2007, 02:57 AM
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Default 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.
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  #9 (permalink)  
Old 07-18-2007, 02:58 AM
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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.
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  #10 (permalink)  
Old 07-18-2007, 05:11 AM
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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.
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  #11 (permalink)  
Old 07-18-2007, 07:02 AM
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Default 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.
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  #12 (permalink)  
Old 07-18-2007, 09:38 AM
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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.
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  #13 (permalink)  
Old 07-18-2007, 10:00 AM
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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.
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  #14 (permalink)  
Old 07-18-2007, 10:32 AM
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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..
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  #15 (permalink)  
Old 07-18-2007, 10:33 AM
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Mine reached on Jul 2nd @ 7:55AM. I was also current per June bulletin but it was filed in July. No Receipt yet.
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