I Support Uscis Decision...don't You??

[fastergcwanted]

Don't you all think that we should be worried about the rumour that USCIS may reverse it's decision to reject the cases filed in July....because if they do....all the pending cases will rot in another black hole for a long long time..

Most estimates put the case load coming in July (if accepted) at 750,000 cases. Think about all the resources that's needed to receipt all the applications in addition to processing AP and EAD......

Not to be selfish...but I think it's totally fair to have a cut off date in line with the visa numbers and not accept cases 2005-2007 PDs. The resources should be spent on clearing out the backlog...people have been waiting here for a long long time. And it just kills me to see AILF fighting in support of brand new PERM cases.

Guess what that's because they got fees from us already.....and don't care anymore..........BUT DON'T YOU????

WHAT CAN BE DONE TO MAKE SURE OUR VOICES ARE HEARD??? THOUGHTS??

 

[nervewreck]

Good luck with that logic fastergcwanted...bcoz, usually USCIS/DHS defy the commonly successful logical approach. They will soon be making the following Announcement official:

Immigration Voice Announcements

UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the annoucement to be made soon will be as follows:

DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days – i.e., all employment-based green card categories (except for the “Other Workers” category) will be “current” and CIS will accept applications through August 17.

DHS will issue a press release to this effect later today.

 

[jtad]

Don't you all think that we should be worried about the rumour that USCIS may reverse it's decision to reject the cases filed in July....because if they do....all the pending cases will rot in another black hole for a long long time..

Most estimates put the case load coming in July (if accepted) at 750,000 cases. Think about all the resources that's needed to receipt all the applications in addition to processing AP and EAD......

Not to be selfish...but I think it's totally fair to have a cut off date in line with the visa numbers and not accept cases 2005-2007 PDs. The resources should be spent on clearing out the backlog...people have been waiting here for a long long time. And it just kills me to see AILF fighting in support of brand new PERM cases.

Guess what that's because they got fees from us already.....and don't care anymore..........BUT DON'T YOU????

WHAT CAN BE DONE TO MAKE SURE OUR VOICES ARE HEARD??? THOUGHTS??

That is a very self oriented way of thinking, I wonder if that is the same way you would have been thinking if you hadn't applied yet. My application was like you recieved in June but I still remember how I used to wonder why not accept applications anytime and approve it only when the cutoff is current.If you are worried about this slowing down the turn arround for older priority dates, you are wrong, reciepting the applications will be a load on USCIS for a month or two max, after that priority dates will come to play again and older apps will have to be approved first, at the same time people who are like you and me a month ago will be able to live a better life because they can persue better career options and their spouse will be able to work.

 

[jsrini77]

which USCIS decision do you support? The decision to make things "Unavailable?"

Remember Unavailable means NO APPROVALS, not just no new applications.

I guess you must be talking about retrogression - the situation where USCIS sets a cut off date and approves only those cases that fall before that cut off date. Hey, but the cut off date also means only people with priority date earlier than the cut off date can apply. The cut off date also means PENDING applications which are later than the cut off date can still not be approved (ask me, my AOS petition has been sitting there for about 2 years now).

I hope this clarifies things a little bit. Be careful what you wish for. From what I understood from your post, it looked like you wanted UNAVAILABLE

cheers!

Don't you all think that we should be worried about the rumour that USCIS may reverse it's decision to reject the cases filed in July....because if they do....all the pending cases will rot in another black hole for a long long time..

Most estimates put the case load coming in July (if accepted) at 750,000 cases. Think about all the resources that's needed to receipt all the applications in addition to processing AP and EAD......

Not to be selfish...but I think it's totally fair to have a cut off date in line with the visa numbers and not accept cases 2005-2007 PDs. The resources should be spent on clearing out the backlog...people have been waiting here for a long long time. And it just kills me to see AILF fighting in support of brand new PERM cases.

Guess what that's because they got fees from us already.....and don't care anymore..........BUT DON'T YOU????

WHAT CAN BE DONE TO MAKE SURE OUR VOICES ARE HEARD??? THOUGHTS??

 

[fastergcwanted]

Nope..that's not what I meant.

I support a fair date movement in the light of available visa numbers, not "unavailable". But, I am not in favor of AILA's tactics currently. This will clearly affect the approvals for months to come...and history will show...

Whatever USCIS did (with or without any good intentions I must say) in terms of approving lall the old cases in June..I am happy as these folks deserved the approvals....

And I am of course not self oriented, I definitely wish everyone can apply and get their nice EADs.....but do you think USCIS has resources to manage such a case load ....and it's just not receipting, it's also about processing and approving AP and EADs for everyone. That's a lot of work..folks. Yeah if they are talking about adding more resources...than I am on board (but you know that won't happen)

Plus, do not forget where we all came from.."the BPC Blackhole"...I have several collegues who are crying right now as they have 2002 and 2003 PDs but still don't have approvals from BPC.......and now they are seeing 2007 cases being sent in before them in this flood. They know after such incoming load, USCIS won't budge the date for next few months...and their cases will take a back seat..........grossly sucky one would say. Imagine us in their boat...

IS THAT FAIR TO THEM?...

which USCIS decision do you support? The decision to make things "Unavailable?"

Remember Unavailable means NO APPROVALS, not just no new applications.

I guess you must be talking about retrogression - the situation where USCIS sets a cut off date and approves only those cases that fall before that cut off date. Hey, but the cut off date also means only people with priority date earlier than the cut off date can apply. The cut off date also means PENDING applications which are later than the cut off date can still not be approved (ask me, my AOS petition has been sitting there for about 2 years now).

I hope this clarifies things a little bit. Be careful what you wish for. From what I understood from your post, it looked like you wanted UNAVAILABLE

cheers!

which USCIS decision do you support? The decision to make things "Unavailable?"

Remember Unavailable means NO APPROVALS, not just no new applications.

I guess you must be talking about retrogression - the situation where USCIS sets a cut off date and approves only those cases that fall before that cut off date. Hey, but the cut off date also means only people with priority date earlier than the cut off date can apply. The cut off date also means PENDING applications which are later than the cut off date can still not be approved (ask me, my AOS petition has been sitting there for about 2 years now).

I hope this clarifies things a little bit. Be careful what you wish for. From what I understood from your post, it looked like you wanted UNAVAILABLE

cheers!

 

[fastergcwanted]

I am truly happy for people who can apply.........but this is very serious; I have been and many of you have been long time victims of BPC for your LCs.....and this is another blackhole in creation........my 2 cents

See below:

Taken from immigration-law.com

07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future

The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!

That is a very self oriented way of thinking, I wonder if that is the same way you would have been thinking if you hadn't applied yet. My application was like you recieved in June but I still remember how I used to wonder why not accept applications anytime and approve it only when the cutoff is current.If you are worried about this slowing down the turn arround for older priority dates, you are wrong, reciepting the applications will be a load on USCIS for a month or two max, after that priority dates will come to play again and older apps will have to be approved first, at the same time people who are like you and me a month ago will be able to live a better life because they can persue better career options and their spouse will be able to work.

 

[GC_SEP2005]

This is more deeper than one thinks

I think we need to analyze this situtation more carefully as its very serious. I feel fastergcwanted is right in his expression of the seriousness of the problem. I am too very happy that people can apply 485, but when you look at the other side its going to affect everyone and more to people who are waiting for last 5 years or so and not only one who are applying now. I have seen some people with PDs going back to 2000 at still waiting, I personally feel that they don't deserve this but deserve our support.

Another way to look at this problem would be from IOs point, that if they are left to do their work now without any new applications, they would approve more applications. In recent weeks we have seen lots of approvals in this forum. Now with new applications pouring in you know what will happen. USCIS has compalined many times that they don't have enough manpower and now its going to be more harder. I have being waiting myself for almost 2 years now, but hey if 60K people get approved in next three months as published by USCIS then there will be that many lesser people in the line and it would move little faster and possibly lesser wait time for the future applicants. Lets face it if they don't approve these cases in next 2 months we will again loose these visa numbers for this year because they did not have time to look into cases that were ready to be approved but spent their time in looking at new cases (750K). I think this is not self centered but looking at the problem out of the box. Imagine 750K people * $5000 (average fee for attorneys) now calculate and think who is going to be benifited more. Lets support each other than accuse of being self centered. Also this is a discussion forum so lets discuss this and not acuse each other. Best of luck to all

I am truly happy for people who can apply.........but this is very serious; I have been and many of you have been long time victims of BPC for your LCs.....and this is another blackhole in creation........my 2 cents

See below:

Taken from immigration-law.com

07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future

The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!

 

[sfmars]

Everything will be back to normal in a couple of months after October 2007.
I guess that in October 2007 bulletin PD of EB3 India will be 2001 and EB2 will be 2003, and cut off date will not move for a long long time.

This forum will turn into the forum of whiners who has PD 2005-2007 especially from oversubscribed countries. The green card for them will be not real for the next 10-15 years.

 

[sshank]

I agree - the only question is what news the Oct bulletin will bring in terms of PD. The speculation is Jan 2003 for EB2 (I have no idea what the EB3 dates will be). As long as they go by PD I have no issue with what they are doing now. Folks with PD 2005 and later better be prepared for a long wait.

Everything will be back to normal in a couple of months after October 2007.
I guess that in October 2007 bulletin PD of EB3 India will be 2001 and EB2 will be 2003, and cut off date will not move for a long long time.

This forum will turn into the forum of whiners who has PD 2005-2007 especially from oversubscribed countries. The green card for them will be not real for the next 10-15 years.

 

[fastergcwanted]

I agree - the only question is what news the Oct bulletin will bring in terms of PD. The speculation is Jan 2003 for EB2 (I have no idea what the EB3 dates will be). As long as they go by PD I have no issue with what they are doing now. Folks with PD 2005 and later better be prepared for a long wait.

I think the problem is that all the processing needed for this 750,000 applications will delay majority of pending applications for 6 months or more. Due to this visa numbers for 2007 is more likely than not will be wasted and would never be used.

This is the biggest bad news as every year brings only about 10k for each country....so losing a big chunk for 2007 is a bad bad news..but it doesn't just end there.

Plus do not forget the continous manpower needed by USCIS for EAD/AP renewals for the flood of 750,000 applications in July 2007...This will linger over and will seriously affect the processing time even more in years to come...

So, if you consider all of these...I respectfully disagree that everything will return to normal in October. This will impact all of us lot deeper in the months and years to come...

 

[sshank]

faster, Having just come out of an extended stay at the BPC, I share your concern. I am hoping that the PD based processing will help and make things a little more efficient than what we saw at BPC. That said who knows. I hope that EAD/AP processing is kept separate from the adjudications, that again may be expecting too much.

I think the problem is that all the processing needed for this 750,000 applications will delay majority of pending applications for 6 months or more. Due to this visa numbers for 2007 is more likely than not will be wasted and would never be used.

This is the biggest bad news as every year brings only about 10k for each country....so losing a big chunk for 2007 is a bad bad news..but it doesn't just end there.

Plus do not forget the continous manpower needed by USCIS for EAD/AP renewals for the flood of 750,000 applications in July 2007...This will linger over and will seriously affect the processing time even more in years to come...

So, if you consider all of these...I respectfully disagree that everything will return to normal in October. This will impact all of us lot deeper in the months and years to come...

 

[justdoit]

I hope they do PD based processing.

Either way with the influx of close to 750k applications (485/EAD/AP); they will be simply receipting for next 3 months or so. That means all the old people now have to wait a few more months before they actually start processing. There are people waiting for over 5-6 yrs. Due to these applications, come October 07 these applications won't be ready to use the available visa numbers. I am myself waiting for close to 5 yrs now. Anyway, I am still happy others don't have to wait this long to get EAD.

 

[bharatpremi]

Good point of reinstating July 2007 bulletin:
-----------------------------------------

Major chunk of waiters can see EAD now and their spouses can start work
And they can freely travel with AP OR their non immigrant status.

Major confusion
----------------

1) How 485 process works? Does it dependent on PD? Or on RD? Do
Categories EB2/3/1 or sub categories RIR/NON-RIR matter for 485
processing? Nobody is sure.

2) What is the criteria for conssidering particular application "positive" for
name check? I think nobody is sure about this either.

Wheather this stempade affect old 485 filers?
--------------------------------------------
fastergcwanted, do not worry about this. Answer is NO. So come out of utterly selfish mentality.

What about people stuck at BEC?
--------------------------------

Those stuck at BEC still have a fair chance if they get their labor approval (Physical original labor approval notice) at least 2 days before August 17th (Final date of 485 filing). As per BEC's claim they will be done with backlog in sepatember. So I see your point here, fastergcwanted. That will be very small chunk of people perhaps less than 5 to 6000, I guess. USCIS may have to come up with some relaxation for them. If it will not then they will be sufferers.

THE MESS:
----------

1) 140000 is per year limit, guidence to DOS/USCIS. There is no law that
USCIS/DOS have to granted 140000 visas. And so on average 20 to 25000
visas are used to ve wasted by DOS/USCIS since last 15 years.

2) USCIS is bound not to process more than 10 % of 140000 visas per month
and they also have quarterly limit as well.

What could be the solution:
--------------------------

Any one or combination of all following:

1) Recaputure past visas. As per one estimate it is 240000 visa numbers
have been wasted till now.

2) Apply one visa number per family in stead per person

3) Remove discriminating law such as per country limit

4) Increase the guidence limit from 140000/- to current market requirement and let business houses decide this as afterall these are employment based category. And government does not want to do this then just accept 140000 X 10 % GC applications per year considering 10% denial ratio (Hypothetical).

Note: what will happen if government do not implement any of above four ?

1) I would advise 2005 to 2007 filers to pack the bags and go hoem or
to any other country. This advise is free of cost. If they still
want to stick here then should be ready for at least 6 to 7 years of
hell.

2) Old filers, change your career to politics and become future senators
after citizenship and wipe out this bullshit from the scratch.

 

[Virat]

in my opinion it will be RD based processing for Data Entry. After that it will be PD based with some redomness. Its a good thing that people who will get their EAD/AP, and i really congratulate them.

the manor issues though will be Data entry, looking at the BEC mess which took almost 1 yr just for data entry of ~350k cases, I dont think USCIS can do it in any faster manner. Apart from these cases they also get other cases too like family based, dv, etc. All those will become slow. they have always said about manpower, and now it will be even worst. I was one of the lucky one to file in June 1st week and i saw a good response time of 3 weeks for my receipt, but for late June Filers its already taking longer for Receipts/FP notices. Added to this will be AP/EAD approvals for all the cases every year, i am sure the wait time for EAD/AP is going to be at least 6+ months in coming months( usually 3 months ). Next thing is name check, thats another process which is going to get delayed, they already have a good backlog of +30% cases they received, this will add to it.

A wish/dream i have is that looking at this volume of cases they probably will try to recapture the lost visa numbers and some of the early filers will be lucky.

In my opinion the best thing they could have done is,
1. No filing date restriction on filing of 485 cases.
2. Take the applications which are supposed to come in July in steady manner. Like every month move the date to accept application by 6 months or so, and that way get every one in the system.

But this didnt happen.

Now we'll have to wait and watch what happens next.

my 2 cents