Important: Aila - Pending I-485 Cases

[prq20]

Source: www.aila.org


AILA members have been receiving reports from multiple officials within USCIS indicating that USCIS HQ recently issued instructions to pull for adjudication every employment-based case that had been pending for more than six months, regardless of whether background checks were cleared. USCIS offices report having worked all of the weekend of June 30, 2007, to comply with these instructions. This was apparently to use up as many visa numbers as possible in order to try to cut off receipt of new filings when most employment-based visa categories came current on 7/1/07.

Note that this information has not been confirmed by USCIS HQ

 

[prq20]

Does it mean that every one with a RD on Nov 2006 or before will get approved by Sep 07 despite background checks pending?

 

[geofu54]

Does it mean that every one with a RD on Nov 2006 or before will get approved by Sep 07 despite background checks pending?

I don't believe that cases whose background checks are pending can be adjudicated. That's absolutely a necessary condition. So it sounds to me like the whole point of this rumor is they may have allotted visa numbers to all the 6+mo cases no matter what, just in order to make an appearance of visa number exhaustion... to block new July filers from inflating backlogs whereas force them to pay new fees.

Cases with NC pending cannot be adjudicated, so their allotted visas should be reallotted to cases down in the queue that could not make a cut this time (Nov '06 and after) if those cases do not get NC cleared within next three months, I'd guess.

Now I don't know if this is true, it's just a rumor, no confirmation. Naturally, there are a lot of speculations and conspiracy theories circulating out there as we are seeking for clear, plausible explanation about this fiasco. But IF this AILA report is true, it sounds like outrageously arbitrary, abusive and unethical.