Interpretaion of the Bulletin and after calling TSC IO

B

bajaj78

Registered Users (C)
Till I understand bullein update says that state department has given USCIS all visa numbers and left to USCIS to handle whether it wants to accept or refuse new applications.

That might be reason that they have directed the bulletin update to Service centers and not updated the sull bulletin saying

All Citizenship and Immigration Services Offices have been notified of the following:

Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases.

Note:The Visa requests are made by USCIS to state department for visa numbers.USCIS will not request more numbers as it has already got all for this quarter for most of pending applications


Seeing this USCIS Said they will reject new applications but never said that they will not approve pending applications.

I called TSC and
asked

when does visa number allocated to application is it on approval ?
she said it is internal process and she cannot tell that.

I asked

does it mean if i am pending i have not get visa number and hence cannot be approved.

she said wait for two weeks and then you will know whether if the decision is there then it will have a visa number else wait for OCT.


So I think there are visas and people might get approval in postal mail instead of status updates online.

What do you guys think

EB3,India
PD,Nov02
RD:Oct 03
 
any lucky ppl case was already been allocated visa number before july then they will get the approval notice. I have seen last time in january 2005 few people got approval even though retrogression was in effect for those cases.

tough luck
 
I posted this on another thread:

From http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
(Hat tip: CAlcawaiting),
At the beginning of each month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in categories subject to
numerical limitation. Cases are grouped in three different categories: 1) foreign state
chargeability, 2) preference, and 3) priority date.
Click to expand...
And on the next page:

VO subdivides the annual preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants which have been reported
to VO are compared each month with the numbers available for the next regular allotment. The
determination of how many numbers are available requires consideration of several variables,
including: past number use; estimates of future number use and return rates; and estimates of
USCIS demand based on cut-off date movements. Once this consideration is completed, the cutoff
dates are established and numbers are allocated to reported applicants in order of their
priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarilyqualified
demand, the category is considered "Current." For example: If the monthly allocation
target is 10,000, and we only have 5,000 applicants, the category can be "Current.”
Click to expand...

and on page 3,

Visa numbers are always allotted for all documentarily-qualified applicants with a priority date
before the relevant cut-off date, as long as the case had been reported to VO in time to be
included in the monthly calculation of visa availability.
Click to expand...
This is probably what happened in June 2007:
USCIS sent the list of documentarily-qualified (pre-adjudicated) applicants to DOS in the 1st week of June.
All the documentarily-qualified applicants were allotted a visa number, and yet, the quota for July was not met, So DOS made the numbers current for July.
Between then and the end of June, a lot of those whose priority dates were current in June, and who were not reported as documentarily-qualified for the June bulletin but became qualified in June were approved by USCIS and consumed more visa numbers than anticipated. This took DOS by surprise.

End result: A lot of applicants who were reported as being documentarily-qualified by USCIS for July allocations will get approval notices between now and Sep 30 2007.
So everything hinges on whether USCIS reported you as being documentarily-qualified in the 1st week of June!

Sachatur

PS: I know Oppenheim was talking primarily about FB visas, but the same procedure should apply to EB visas as well.

PPS: This is just my interpretation. I'm not a lawyer.
 
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Nice research and good interpretation.


sachatur said:
I posted this on another thread:

From http://judiciary.house.gov/media/pdf...heim070606.pdf
(Hat tip: CAlcawaiting),

And on the next page:



and on page 3,


This is what happened in June 2007:
USCIS sent the list of documentarily-qualified (pre-adjudicated) applicants to DOS in the 1st week of June.
All the documentarily-qualified applicants were alloted a visa number, and yet, the quota for July was not met, So DOS made the numbers current for July.
Between then and the end of June, a lot of those whose priority dates were current in June, and who were not reported as documentarily-qualified for the June bulletin but became qualified in June were approved by USCIS and consumed more visa numbers than anticipated. This took DOS by surprise.

End result: A lot of applicants who were reported as being documentarily-qualified by USCIS for July allocations will get approval notices between now and Sep 30 2007.
So everything hinges on whether USCIS reported you as being documentarily-qualified in the 1st week of June!

Sachatur

PS: I know Oppenheim was talking primarily about FB visas, but the same procedure should apply to EB visas as well.

PPS: This is just my interpretation. I'm not a lawyer.
Click to expand...
 
I had an Infopass appointment today. Talked to a nice lady and she told me that my name check was clear and they received the finger prints. She also told me that the internal status of my case says that "July visa Number Allocated". She did not know what that meant though but was kind enough to send an email to TSC.
I guess thats irrelevant now, because all EB categories have become unavailable..

Good luck
T
 
Dude, if the above interpretation is correct you are going to be approved anytime soon.

telugodu said:
I had an Infopass appointment today. Talked to a nice lady and she told me that my name check was clear and they received the finger prints. She also told me that the internal status of my case says that "July visa Number Allocated". She did not know what that meant though but was kind enough to send an email to TSC.
I guess thats irrelevant now, because all EB categories have become unavailable..

Good luck
T
Click to expand...
 
I spoke to a TSC IO this morning. She didn't seem very knowledgeable. She told me that my case has not been assigned to an officer yet. When I asked whether my case has been assigned a visa number, she said that visa number will be allocated once my case is pulled and assigned to an officer. Not sure how true this is.
 
How were you able to speak to TSC IO ?

Hi MA_Labor:
Were you able to speak to an IO in TSC or an IO in the National Customer Service Center ? I have called the 800 number twice sinve Friday and every time I get "No service rep available. Transferring to National Customer Service Center" message.

EB3 - INDIA - PD: Oct 2002
I-485 RD: Sep 2004
VSC -> TSC: March 7, 2007
Name Check: Pending
 
What does "documentarily-qualified" mean ?

Hi Sachatur:
Thanx for the info.
1 Question: What is the definition of "documentarily-qualified" application ? Does that mean an application for which background + Name Checks are cleared ?

Thanx !!!

EB3 - INDIA - PD: Oct 2002
I-485 RD: Sep 2004
VSC -> TSC: March 7, 2007
Name Check: Pending for 3 years :(:(:(
 
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dbwr: Link corrected in my original message.

Santosh_bh:
From the same document, on page 3:
Applicants entitled to immigrant status become documentarily qualified at their own initiative
and convenience. By no means has every applicant with a priority date earlier than a prevailing
cut-off date been processed for final visa action. On the contrary, visa allotments are made only
on the basis of the total applicants reported “documentarily qualified” (or, theoretically ready for
interview) each month.
Click to expand...

Remember, he was primarily addressing FB visas.
I don't think all EB visas need an interview, so in the case of EB visas, documentarily-qualified should mean ready to be assigned a visa number if one should become available. So, to answer your question, it should mean all checks completed and ready for approval if a visa number is available. Make sense?

Again, I'm one of you guys. Not an attorney.
 
Hello

I spoke to a TSC IO this morning, but my case has not been assigned to an officer . Bur she told me that the finger printing and name check is completed. And she said ...just to wait . Alteast I am happy that they gave me an update. I was trying for the last one week to get to the correct person, finally I could get to them. hope something good can happen..
 
What number did u call?

Hi,

Could you tell me what number did u call to talk to TSC IO?

Thanx,


spattalil said:
Hello

I spoke to a TSC IO this morning, but my case has not been assigned to an officer . Bur she told me that the finger printing and name check is completed. And she said ...just to wait . Alteast I am happy that they gave me an update. I was trying for the last one week to get to the correct person, finally I could get to them. hope something good can happen..
Click to expand...
 
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