July I-485 Applicants -- Urgent Message

[madur]

I got this email from my attorney's office. You better hurry and apply before mid of July.

We received word only this afternoon from the American Immigration Lawyers Association (AILA) that USCIS may start to reject employment-based adjustment applications mid-July, even though the Visa Bulletin shows visa availability.

AILA believes that the rejection policy is contrary to the regulation at 8 CFR §245.1(g)(1), and has urged USCIS to reverse this policy, but USCIS has not yet responded to AILA on this matter.

IN LIGHT OF THE ABOVE, WE ARE ENCOURAGING ALL ELIGIBLE I-485 APPLICANTS TO FILE THEIR I-485S IN EARLY JULY.

 

[banta4gc]

See, the funny thing is.....
Even if 10 people apply for I485 in July 1 - 15....or say 100,000 people apply in July 1-15...it won't make a diffierence.....
U know why? Because USCIS needs 6 monhts to process them...in a way this traffic will not hit until Dec 05....Hee Hee

The only issue is - are pending applications from India/China etc are more than 40K-70K? If so, they may use up the quota in the next 2 to 3 months...then it may be trouble...

 

[Jackolantern]

It will make a difference, because new 485's that are rejected in July cannot get EAD.

 

[techy2468]

485 rejected??.......are we really so dumb??

unless uscis publishes another bulleting......retrogressing dates or making them unavailable........they are going to accept all 485 applications.....and processing will start as per their convenience....

so i dont know how people are saying that uscis will reject/return 485 applications.....that is f**** dumb.

and we call ourself......skilled/smart EB based.......better than FB category

 

[jay75]

485 rejected??.......are we really so dumb??

unless uscis publishes another bulleting......retrogressing dates or making them unavailable........they are going to accept all 485 applications.....and processing will start as per their convenience....

so i dont know how people are saying that uscis will reject/return 485 applications.....that is f**** dumb.

and we call ourself......skilled/smart EB based.......better than FB category

techy2468,

When USCIS stopped taking applications from "Other Workers" category though they are current according to Jule bulletin, why not for us ? no matter how smart or dump we are USCIS has proved that no one can ever guess or assume on what they do or how they handle immigration system. There isn't any logic why they made "C" for everyone and why they refused applications from "Other Workers". On the other hand, there is no clue on how they handle the remaining 40,000 visa for FY07.

Lets wait and see how it turns out next week.....and in worst case when USCIS stops taking 485 applications, what AILA and other orgs will do.

Anyways, I personnally will not be surprised with any further changes that we hear from USCIS (officially) and I don't care if you call me or anyone as dumbo..

Good luck everyone !

 

[vghc]

End of the day, nobody can predict anything. Just get it in ASAP and hope for the best.

 

[VKM0622]

Hi;
Other Workers were not current neither in June07 nor in July 07. Where did you see it was current.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

 

[good_y]

July is going to be another mess up of USCIS. I am afraid how many will loose their application in the mail room. so be careful to make a set of copies before you mail. In July most of theIOs will be busy sorting the application, and once the flow comes down they may start the approval process.

 

[belacut]

Rejected application? After they cashed your check or just plainly a reject/return the application?

If I were USCIS, I will accept as many as applications per law allowed (that is VISA# is current) and if the PD retrogressed somehow, just put it in a pending queue. See how much money the immigrations community finance the operations?

Say every AOS applicant carries 2 dependents (spouse and a child), the average cost for the filing fee for this family is $3,300 that is including 2EAD, 3AOS and 3AP.

Say there are 100,000 qualified AOS appliciant (I doubted, it should be way more). The application fee alone is 330 million. and if these money put it in US bonds, the yield alone will have 16.5 million in 5% return.

Rejecting application????

 

[guest1978]

techy2468,
did USCIS stop taking applicaitons from the other workers category in the middle of the month??

techy2468,

When USCIS stopped taking applications from "Other Workers" category though they are current according to Jule bulletin, why not for us ? no matter how smart or dump we are USCIS has proved that no one can ever guess or assume on what they do or how they handle immigration system. There isn't any logic why they made "C" for everyone and why they refused applications from "Other Workers". On the other hand, there is no clue on how they handle the remaining 40,000 visa for FY07.

Lets wait and see how it turns out next week.....and in worst case when USCIS stops taking 485 applications, what AILA and other orgs will do.

Anyways, I personnally will not be surprised with any further changes that we hear from USCIS (officially) and I don't care if you call me or anyone as dumbo..

Good luck everyone !

 

[GCInThisLife]

From Immigration-law.com
06/29/2007: EB-Visa Number Retrogression?

* There is a rumor going around that the State Department will issue a revised Visa Bulletin for July 2007 next Monday (July 2) or Tuesday (July 3) and that it may show retrogression of some or all EB categories, very likely to the point of unavailable for the month of July! Please stay tuned.

 

[sfmars]

From Immigration-law.com
06/29/2007: EB-Visa Number Retrogression?

* There is a rumor going around that the State Department will issue a revised Visa Bulletin for July 2007 next Monday (July 2) or Tuesday (July 3) and that it may show retrogression of some or all EB categories, very likely to the point of unavailable for the month of July! Please stay tuned.

They took that rumor from this forum

 

[Imm_Exploited]

Flash Rumor!! July Visa Bulletin To Be Changed!!

FLASH RUMOR!! JULY VISA BULLETIN TO BE CHANGED!!

Do you all remember how the 'Service Center Processing' times were changed this month?

I hope USCIS is not once again playing a stupid joke on the immigrant community.

 

[guest1978]

there is a link on AILA website called Update to July Visa availability. Perhaps the email that the initiator of this thread received from his/her lawyer has
the same content. Does someone have access to this web site, who can post the content here?

FLASH RUMOR!! JULY VISA BULLETIN TO BE CHANGED!!

Do you all remember how the 'Service Center Processing' times were changed this month?

I hope USCIS is not once again playing a stupid joke on the immigrant community.

 

[GCInThisLife]

They got it from AILA website.

They took that rumor from this forum

 

[NTom]

Guys,

Check the Oh law website. They have stopped processing the 485 applns. for their clients and now there's a mesg. inviting ppl to join a lawsuit against the USCIS. This is looking serious

06/29/2007: American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco

* The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.

06/29/2007: Notice to The Oh Law Firm Clients

* We have suspended the work for July 485 filing development pending the clarification of the rumor next week. Please bear with us in this confusing and difficult time.

06/29/2007: EB-Visa Number Retrogression?

* There is a rumor going around that the State Department will issue a revised Visa Bulletin for July 2007 next Monday (July 2) or Tuesday (July 3) and that it may show retrogression of some or all EB categories, very likely to the point of unavailable for the month of July! Please stay tuned.

 

[gcdedo]

AILA News

AILA National
Sent: Friday, June 29, 2007 3:31 PM
Subject: Update on July Visa Availability


We are hearing from multiple sources that, on Monday or Tuesday of next week
, State Department plans to issue a revised Visa Bulletin for July 2007.
This revised Bulletin would retrogress some or all of the employment-based
categories, very likely to the point of unavailable. Reports from AILA
members about unusual levels and types of activities by USCIS indicate a
particular push to adjudicate employment-based adjustments currently in the
pipeline so as to exhaust visa numbers for fiscal year 2007.

This follows the actions of USCIS in June, when it began rejecting EB-3 "
Other Worker" adjustment applications even though the Visa Bulletin showed
an October 2001 cut-off date, on the basis that the "Other Worker" numbers
for the year had been exhausted.

For more information on this situation, see InfoNet document #07062770: http://www.aila.org/content/default.aspx?docid=22767

More information to follow as it becomes available.

 

[nyc8300]

Can somebody put up a thread seeking people who would sue in case this happens. Just a yes, no. Always helps. I have no clue how to do take that roll call on the website The other angle could be that companies/lawyers can file PERM today or until next month end from scratch and apply for adjustment for any person and want some time....

Guys,

Check the Oh law website. They have stopped processing the 485 applns. for their clients and now there's a mesg. inviting ppl to join a lawsuit against the USCIS. This is looking serious

06/29/2007: American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco

* The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.

06/29/2007: Notice to The Oh Law Firm Clients

* We have suspended the work for July 485 filing development pending the clarification of the rumor next week. Please bear with us in this confusing and difficult time.

06/29/2007: EB-Visa Number Retrogression?

* There is a rumor going around that the State Department will issue a revised Visa Bulletin for July 2007 next Monday (July 2) or Tuesday (July 3) and that it may show retrogression of some or all EB categories, very likely to the point of unavailable for the month of July! Please stay tuned.

 

[gettingourgc]

Yes, I want to sue them

This is really atrocious. Why they made current last mth and made ppl to run around for everything and last moment saying now. This is one of the horrible thing any one can do.

 

[nyc8300]

This is really atrocious. Why they made current last mth and made ppl to run around for everything and last moment saying now. This is one of the horrible thing any one can do.

I believe AILA lawyers are trying to get illegals in after CIR failed by filing in PERM applications from scratch. Given the retrogession that this will bring, one can keep on working with RFE's for years but atleast adjusting their status.
USCIS doesn't think that much and I would doubt if they are so proactive.
Remember AILA did not support filling of I-485's as an independent bill.
In any case I will sue USCIS irrespective of who is responsible....