Same like 'Other worker' Categories recently. But USCIS did not revise the bulletin in these cases. In our case, they've not only revised the bulletin unprecedently but stuck to it despite AILF's words about suing them.
So its certainly going to be a long drawn legal battle.
And I wholesomely agree, they cannot do what they wish. But all these years they've proved that not only can they do what they wish but also get away with it.
In fact, that's what USCIS - lawyers were looking at USCIS and they EB3-OW files getting rejected....They didn't understand first...they complained through AILA and thought it was USCIS error...but USCIS said - what we did is not errror and we stand by it....and it's own precedend in 05/06 - against itself! Ha Ha!
That's when they realized, what that meant, EB2/EB3 may be next.....and when AILA heard word that July Visa bulletin may be updated (on Friday, June 29th)....they immediately decided to sue on behalf of "EB3-OW"....
When they learnt that, as they expected EB3/EB2 did the same thing...they are just extending their suit to EB3/EB2 as well....
I think they are gonna sue USCIS for not accepting (EB3-OW) in June and no EB petion in July!
I know, USCIS is crazy....but laws they got to adher to....
and more often than not, in cases of I140 denials/I485 denials...USCIS always loses....so I am pretty hopeful that a Judge will look at it ...and ask USCIS why the heck you alllowed in July 05 and Aug 06? if you allowed it then, take it now again!
I would bet 90% that AILF win....
The funny thing is USCIS is powerless infront of these courts....they just don't let USCIS do what they want....
Once, they had one guy come into US on I140 approval....but later USCIS found some fraud and rejected I140/I485 and subjected him to deportation proceedings...that guys sued in multiple courts and eventually won on the ground that - since he came to US on approval of I140....USCIS should have informed him before itself....USCIS gladly accepted the rule and rewrote the laws and added an extra caluse (245.3 or something) to reserve the right to do I140 denial later...some story like that.....USCIS always loses court battles....
Look at namecheck, they take pride in subjecting 485 applicants to 3-4 year wait....but just when WOM lawsuit is filed, they just come back and approve the case in 30 days...I am betting, USCIS hates these courts....and am sure they will hate AILF soon...
Without law on paper authorizing USCIS - it's pretty powerless...In this case, there is nothing on paper that lets USCIS close the doors in the mid of the month....