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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 06-26-2007, 02:22 PM
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Default "USCIS has to accept 485 files thru JULY 31 no matter what"

Thanks for making me look like an idiot in front of my lawyer and HR, everyone.

Based on RUMORs that "USCIS may get allergic reaction to too many 485 files, and stop accepting them in mid-July" I asked my lawyer this question:

Quote:
I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.
And I got this reply :

Quote:
Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.
See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????
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  #2 (permalink)  
Old 06-26-2007, 02:24 PM
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STAmisha can only hope to improve
Default

Thanks a lot for soothing the (allready f**ed up) nerves.
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  #3 (permalink)  
Old 06-26-2007, 02:45 PM
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Default Thanks logiclife for being loud , straight and clear !

Lawyers are making good money - they are intimidating everyone who wants to file on their own !!!

My company asked me for a agreement to give me the letter - that agreement is also crafted by a Lawyer - Business everywhere !!

Quote:
Originally Posted by logiclife
And I got this reply :

See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????
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  #4 (permalink)  
Old 06-26-2007, 02:49 PM
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Default Its creating a havoc

This rumor from fragomen's site is creating a havoc everywhere.

These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
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  #5 (permalink)  
Old 06-26-2007, 02:52 PM
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ujjvalkoul will become famous soon enough
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Yes, my lawyers have shortlisted cases by PD and EB2/3 categories....and suggested best effort to file before July 31st..(when new fees kick in - guess they want to save the EMployer some green)....
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  #6 (permalink)  
Old 06-26-2007, 07:06 PM
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Default July bulletin may get revised - Horrible news

I am not sure how far it is true, but this is the content of the email I got from my attorney when I pressed him to file at the earlierst.

"As soon as we have these forms back, all of the evidence for filing remaining from you, and I review the completed filing, we will file it. We appreciate your interest in filing on the first day the filing allows. We will endeavor to do that. I should point out that the current bulletin allows for filings throughout July. It is possible that the filings could be discontinued later in July. We are in touch with officials in Washington about this issue and will file your application in a timely fashion for obtaining the benefit when the filing is properly prepared."
__________________
PD march 2004
1st 140 approved.
2nd 140 approved on Sep 5,2007.
(me and my spouse below)
485 - Filed on July 2,2007
485 - ND - Aug 08,2007
FP - Sep 06.
EAD - Oct 1st

Contributing 10 or 20 is always a pain when you have the option of getting it free.

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  #7 (permalink)  
Old 06-26-2007, 07:11 PM
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Default

Lawyers are creating rumors based on some misunderstanding???

Quote:
Originally Posted by GCBy3000
I am not sure how far it is true, but this is the content of the email I got from my attorney when I pressed him to file at the earlierst.

"As soon as we have these forms back, all of the evidence for filing remaining from you, and I review the completed filing, we will file it. We appreciate your interest in filing on the first day the filing allows. We will endeavor to do that. I should point out that the current bulletin allows for filings throughout July. It is possible that the filings could be discontinued later in July. We are in touch with officials in Washington about this issue and will file your application in a timely fashion for obtaining the benefit when the filing is properly prepared."
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  #8 (permalink)  
Old 06-26-2007, 07:11 PM
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Quote:
Originally Posted by GCBy3000
I am not sure how far it is true, but this is the content of the email I got from my attorney when I pressed him to file at the earlierst.

"As soon as we have these forms back, all of the evidence for filing remaining from you, and I review the completed filing, we will file it. We appreciate your interest in filing on the first day the filing allows. We will endeavor to do that. I should point out that the current bulletin allows for filings throughout July. It is possible that the filings could be discontinued later in July. We are in touch with officials in Washington about this issue and will file your application in a timely fashion for obtaining the benefit when the filing is properly prepared."
Please don't put any sensational heading on your post if you don't know what you are saying.
This has been discussed a lot here and is nothing new. There is always a possibility that USCIS can issue a mid-month VB and discontinue taking 485. It has not happened before, but is certainly possible.
If you thought, the dates will be current from here on to perpetuity...I have no words for you..
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  #9 (permalink)  
Old 06-26-2007, 07:19 PM
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Default Read properly

I am not a kid. I know these things. Read properly what he said.

"It is possible that the filings could be discontinued later in July"

I just wanted to share this information with you all guys. I am not gaining anything by putting this in this forum. If you feel like taking it, take it else ignore it. There is no harm in sharing.

Quote:
Originally Posted by delhirocks
Please don't put any sensational heading on your post if you don't know what you are saying.
This has been discussed a lot here and is nothing new. There is always a possibility that USCIS can issue a mid-month VB and discontinue taking 485. It has not happened before, but is certainly possible.
If you thought, the dates will be current from here on to perpetuity...I have no words for you..
__________________
PD march 2004
1st 140 approved.
2nd 140 approved on Sep 5,2007.
(me and my spouse below)
485 - Filed on July 2,2007
485 - ND - Aug 08,2007
FP - Sep 06.
EAD - Oct 1st

Contributing 10 or 20 is always a pain when you have the option of getting it free.

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  #10 (permalink)  
Old 06-26-2007, 07:27 PM
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delhirocks will become famous soon enough
Default

Quote:
Originally Posted by GCBy3000
I am not a kid. I know these things. Read properly what he said.

"It is possible that the filings could be discontinued later in July"

I just wanted to share this information with you all guys. I am not gaining anything by putting this in this forum. If you feel like taking it, take it else ignore it. There is no harm in sharing.
And let me say for the second time...It is always POSSIBLE that USCIS may stop accepting applications mid month...does not usually happen, but these are unusual circumstances...but this is nothing new.

As has been discussed innumerable times on this board, plan on submitting your paperwork by the 10th to be on the safer side.

By starting a new thread, and putting a sensational heading on it...you don't help anyone. It is advisable to go back and check if this issue has been discussed on some other thread
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  #11 (permalink)  
Old 06-26-2007, 07:30 PM
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Default

GCby3k,

This has been discussed in 2 or 3 threads and the other member might have followed it and got tired of it. Any ways, I have heard what you said from different people and if dates can become current, they can be retrogressed during the middle of the month. Imagine 40K applications in 10 days. If USCIS accepts 100K applications ( It can be if you count dependents ), it makes them look bad with the number of pending applications. They can very well say Enough, when they hit a predetermined threshold as conveyed by DOS.

All that we can do is try to file as soon as we can.
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  #12 (permalink)  
Old 06-26-2007, 07:41 PM
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Default That was very useful..

Thank you. Our company promised to file before 23rd July and I was worried about the rumors. Thanks for clarifying you saved one panic email to the lawyer and HR
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  #13 (permalink)  
Old 06-26-2007, 07:47 PM
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Default

Thanks for clearing the air. I am getting sick of seeing new threads with all the new stories each attorney is throwing at us.
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  #14 (permalink)  
Old 06-26-2007, 07:48 PM
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satishku_2000 has a spectacular aura about satishku_2000 has a spectacular aura about satishku_2000 has a spectacular aura about
Talking so what

Most of the people on this forum know that USCIS can change the rules whenever they want. Most of the people on this forum also realise that the whole process of GC is a big blackhole in which surprises keep on coming.

As far as I am concerned my PD is Sep 2004 , If I get my GC in 4 more years I consider myself to be lucky.

Most of us dont have any control over the process and how things get executed at DOS and USCIS at the sametime all of the people cannot make sure that their applications reach USCIS on 1st of July .

So dont worry about the things that we dont have any control over ..

Relax and try to do things with a sense of urgency on which you have control ...
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  #15 (permalink)  
Old 06-26-2007, 07:57 PM
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Default

Quote:
Originally Posted by GCBy3000
I am not a kid. I know these things. Read properly what he said.

"It is possible that the filings could be discontinued later in July"

I just wanted to share this information with you all guys. I am not gaining anything by putting this in this forum. If you feel like taking it, take it else ignore it. There is no harm in sharing.

All Sh!# in this world is possible. Heck, if I say it is possible the world could end tomorrow..................even that is possible if not probable.
Why not focus on the realities and likelihoods rather than fearmongering done by special interests, who send you information with secondary gain.

Your defense of "I'm just putting it out there for you all to decide" sounds like the crappiest lame excuse for misinformation that I have heard in an eternity.

Spare us will you!
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