did we get the wake up call yet?

M

mv1211

Registered Users (C)
Is it time to wake up or can we still dream of receiving an approval before Oct 1?

We have not seen approvals (except for couple and there may be a different reason there) since July 1. So not sure about this discussion of visa allocation for old filers and seeing some approvals.

Everything seems like rumor as there are no official confirmations for this from USCIS. With every day hopes are fading fast.

MV
 
Felt The same

I felt the same way you did that i am losing hope of getting approval any time soon. Hate to come and check this forum and see no approvals. But could not resist to click the link(in my favorites) hoping to see something encouraging.
 
Until now no luck until now. And I think nothing will be there until Oct 1st.
My Prediction
1. Uscis will work on the pending cases which had visa numbers allocated.
OCTOBER VISA BULLETIN CURRENT
2. Oct 1st. Approve the cases.
3. Oct 1st Allocate additional numbers from 2008 year quota to the pending applications.
4. Accept new applications into their new system, by allocating visa numbers up front when they accept the applications.

***********From the attachment
Seems like they have 39K application as of 10/2006 which were Pending based on Annual Statutory Limits


Cases Pending based on Annual Statutory Limits 39,121
Cases Pending on other Federal Agencies : 6,789
Cases Under federal Count : 1,552
Case pending on name Check : 157,067
Cases on asylum : 74,200
Cases of Family based Application Pending : 710,119


Track data relating to employment-based green card applications at the time of filing with USCIS, including immigrant visa classifications, priority dates, and countries of chargeability

Currently, USCIS does not collect these vital data on employment-based green card applications upon acceptance for processing. These data are noted by contractors as part of the intake process, but not systematically captured. This leaves USCIS unable to provide DOS with accurate data regarding these applications. Therefore, DOS must set cutoff dates without a clear understanding of pending applications. Data that are currently captured by contract staff should be forwarded to DOS for use in more accurately determining how many visas will be used

Assign visa numbers to employment-based green card applications as they are filed with USCIS.
 
I know that patience is running out but I don't see anything to expedite our cases. Everyone has possibly done everything s/he can do. We are left with the waiting game now.... hold on guys we will be rewarded soon... Lets keep our hopes alive....

Good Luck!
 
I see Many approvals in next couple of weeks..

Still I strongly believe that there will be approvals in next couple of weeks (Before Oct 1st). The reason being that, if they do not give any approvals USCIS will loose all the visa numbers for this fiscal year as the way they lost in last year (around 11,000 visa numbers). To avoid that situation, i guess they pre assigned all the available visa numbers to pending cases.
As per July 2nd statement, USCIS confirmed that they are not going to accept new 485 applications only. It doesn't mean that they can not approve pending cases.

Hope we are going to see MANY APPROVALS in next couple of weeks......
 
There are two ways that these assigned cases get cards. One is to hold the visas until Oct1st and approve them then, so that they won't loose numbers FY 2007 and at the same time don't break the long time standing or pattern they were following[Issue visas only when bulletin shows it as visa number is available].

OR

DOS will give a new visa bulletin for August in couple of days with some dates for all countries and then USCIS will ship approvals for this year. This way USCIS gets the raised fee they wanted, probably DOS still needs to pay to AILF for the class action suit for attorney charges and fees for returned packages. Lets see how this will unfold

But the best would be for DOS to get those 182000 visas that were gone unused since 2000 and make them available for USCIS so USCIS will utilize its resources these three months, and approve them as much as possible.

I am not sure, why AILA or AILF is not requesting DOS to take this step. Atleast they can ask I think. OR may be this has to go through rule making process, I am not sure. But I think it need not be, because when the 20,000 H-1B's for MS in US is allocated there was no Rule making process of 1 year involved. So, even in this case, they should be able to allocate those unused 182,000 immigrant visas this year.

Wish Wish Wish..
 
The only question a legal expert can tell is..

AS PER THE LAW>......
FOR ALLOCATED VISA NUMBERS...CAN THEY APPROVE THE CASES EVEN THOUGH VISA BULLETIN IS UNAVLABLE....
 
knowDOL said:
There are two ways that these assigned cases get cards. One is to hold the visas until Oct1st and approve them then, so that they won't loose numbers FY 2007 and at the same time don't break the long time standing or pattern they were following[Issue visas only when bulletin shows it as visa number is available].

OR

DOS will give a new visa bulletin for August in couple of days with some dates for all countries and then USCIS will ship approvals for this year. This way USCIS gets the raised fee they wanted, probably DOS still needs to pay to AILF for the class action suit for attorney charges and fees for returned packages. Lets see how this will unfold

But the best would be for DOS to get those 182000 visas that were gone unused since 2000 and make them available for USCIS so USCIS will utilize its resources these three months, and approve them as much as possible.

I am not sure, why AILA or AILF is not requesting DOS to take this step. Atleast they can ask I think. OR may be this has to go through rule making process, I am not sure. But I think it need not be, because when the 20,000 H-1B's for MS in US is allocated there was no Rule making process of 1 year involved. So, even in this case, they should be able to allocate those unused 182,000 immigrant visas this year.

Wish Wish Wish..
Click to expand...
I do believe that, we should see some approvals in next few days. July bulletin never said, it retrogessed any dates. who knows, unless we see any approvals this is just another theory.

AILA is only interested in applying not actually interested in getting it approved. Longer it takes to adjudicate a case, longer AILA is in business.

At this point there is not a single entity interested (atleast not to my knowledge) or represent the legal immigrants with no reservations to get our applications approved on a timely basis.
 
I got a call from my attorney this Morning that she is going to postpone applying for my H1-B renewal (H1 expiring this Oct- I have a backup EAD too) as she strongly feels I may have been alloted a visa number. Based on this, I would presume we can expect many approvals in the coming days if not months. Let's keep the hopes alive:)
 
dbwr said:
The only question a legal expert can tell is..

AS PER THE LAW>......
FOR ALLOCATED VISA NUMBERS...CAN THEY APPROVE THE CASES EVEN THOUGH VISA BULLETIN IS UNAVLABLE....
Click to expand...
I don't think bulletin reads as unavailable.

"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "

If you read between the lines, all visas were made available to the service centers that they are using it for the pending applications and its the direcretion of the service center to accept / deny new applications. Also it never says that it has retrogressed, that means as of JULY 2nd all pending applications can be adjudicated once its ready.

My other theory is, ROW spill over can be used to high demand countries only when its current. I believe USCIS made it current to maximize the use of available visa numbers to adjudicate pending applications, else it will go unused as it happened last year.

Lets see in next few days, if there is any approvals.
 
Friend of mine got approval notice on Friday, I haven’t get a chance to talk to him yet. As I know is his PD 2002 March and EB3. His 485 moved CSC -> to NSC.
 
Kishore,
You are true. I guess you enlighten me.

If the next visa bulletin says “Unavailable” for the month of August. Or any kind of cut-off dates. Then they might not be able to approve any cases.

So bottom line is ‘ USCIS have time until July 31st to approve all those cases that had a visa number allocated’
 
My assumption is that most of the pre adjudicated cases will be approved starting mid July. When I spoke to IO at TSC last week she said that your case is pre adjudicated and you might see cases getting approved after 2 weeks. Most of the other callers from this forum are given time line from 2 weeks to 30 days to 60 days. So there may be some approvals from mid July to August end. The question is why do we have to wait atleast 2 weeks or 30/60 days? My assumption is that it has some relation to August visa bulletin which will released around mid July. Also I agree with Kishore_l 's analysis that some bulk approvals are on their way.
 
Got approved on July 6th -- CSC to NSC Transfer EB3

Hi all,
This may give some hopes for people waiting for their turn. Myself and my spouse got our welcome notice email on Friday(July 6th) around 7.00p.m(PST). We had no hopes after July bulletin got revised. So, it may be true that the visa numbers are alloted for the pending 485 cases. Everyone will get their approvals shortly, dont loose your hopes. Thanks for the wonderful forum.

Case Details:
EB3(India)
RIR LABOR (PD): April 2002
I 140 AD : May 2005
I 485 RD: June 10th 2005
Case transferred from CSC to NSC -- 14th Feb 2007
NO LUD before approval
Welcome Email: July 6th 2007
 
pinnu said:
My assumption is that most of the pre adjudicated cases will be approved starting mid July. When I spoke to IO at TSC last week she said that your case is pre adjudicated and you might see cases getting approved after 2 weeks. Most of the other callers from this forum are given time line from 2 weeks to 30 days to 60 days. So there may be some approvals from mid July to August end. The question is why do we have to wait atleast 2 weeks or 30/60 days? My assumption is that it has some relation to August visa bulletin which will released around mid July. Also I agree with Kishore_l 's analysis that some bulk approvals are on their way.
Click to expand...

Another possibility for the delay is that CIS is consulting with their lawyers about possible legal implications of July visa bulletin action, and they are holding off approvals till they are satisfied they are legally covered. I assume it's much easier for them not to send an approval now, then to revoke a GC later in case of a negative court ruling.
 
dbwr said:
koku ,, how to you know that they are holding the approvals.
Click to expand...

I don't know this, but we don't see a mad rush of approvals posted either on this forum or on trackitt.com. I'd expect a lot of postings showing approvals if indeed 25K applications were aproved on a single day of July 1, as was speculated on this forum. I am also just speculating (as many of us here). In any case, let's hope for the best of us all.
 
Yeh, If the next visa bulletin says as "Unavilable/Cut-off Dates"....then USCIS is forced to approve those 25K cases before July 31st.

SO, I am waiting for the August visa bulletin fir significant approvals.
 
dbwr,

your prediction is wrong. It does not work that way. They can allocate visa number only at approval time. There may be cases with NOID, so allocation at acceptance time is not what they do:

"4. Accept new applications into their new system, by allocating visa numbers up front when they accept the applications."
 
What's a visa number?

Is the visa number the A# that I saw on the finger prints notice? If yes doesn't everyone gets that on their notice? Please can anyone clarify on this?
 
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