Revised July Visa Bulletin: EBs no longer current

[SAI_GIVE_GC2005]

Hi IN2US,

Do you mean that they will accept the files that reached their office before July 2 and will issue receipt notice. My file reached on June 18th. But still they did not encash my check. That's why I am worrying. Please let me know, my files status in this situation.

Thanks

-- That means USCIS just shoved its big right foot in to hard working, tax paying legal immigrant's ass** soooo deep that we can taste its foot thumb in our mouth.

-- Now to answer your question ,USUIS will not accept any EB-AOS applications from today until further notified (i.e till Oct' 1st i guess)

Hey! if you can't do anything about it. atleast laugh about it, that is my take about the current situation

Good Luck fellas

 

[IN2US]

Hi IN2US,

Do you mean that they will accept the files that reached their office before July 2 and will issue receipt notice. My file reached on June 18th. But still they did not encash my check. That's why I am worrying. Please let me know, my files status in this situation.

Thanks

---Yes, USCIS will accept all AOS appliations prior to 2nd July (considering applicants PDs being current at the time of filing), you should be fine, as you mentioned your application reached on 18th of June (assuming your PD was current when you filed). Due to recent flood of AOS applications the average receipt notice time might have bumped up a bit, so just chill you should be receiving your receipt notice any time.

Good Luck

 

[SAI_GIVE_GC2005]

Thanks IN2US. Yes my PD was current on June

---Yes, USCIS will accept all AOS appliations prior to 2nd July (considering applicant's PDs being current at the time of filing), you should be fine, as you mentioned your application reached on 18th of June (assuming your PD was current when you filed). Due to recent flood of AOS applications the average receipt notice time might have bumped up a bit, so just chill you should be receiving your receipt notice any time.

Good Luck

 

[Imm_Exploited]

SAI_GIVE_GC2005,

I was at murthy.com chat session and though she didn't answer my zillion questions, thankfully one venk's question about mid and late June filers was answered. She said it should be fine and further added that if those applications filed as per June visa bulletin were also rejected, it would be outrageous.

If you call the customer service number of USCIS, they say it might take 4 weeks for them to open the packets. Mine reached TSC on June 15 and I am anxiously waiting for RDs though my lawyer called yesterday and said it looks like one of my checks has been cashed on Friday - June 29, 2007. So let us all pray that the USCIS doesn't screw the mid and late June filers also.

 

[gcjagadam]

USCIS received my 485 pettition on 06/27/2007. I am eagerly waiting to see USCIS decision on my application

 

[caliducas]

(people spent a lot, time etc to get this ready now ...... this is just stupid!!!)

Guys please keep sending your package. There is a big chance of winning this case......


USCIS announced this afternoon that, effective today, it is rejecting all employment-based adjustment of status applications where the priority date is not current under the revised visa bulletin. [AILA InfoNet Document Number 07070265]. USCIS Service Center Operations has advised AILA liaison that it will be rejecting ALL employment-based adjustment of status applications received beginning today.

So, Do I Keep Filing?

Many members have asked whether they should keep filing employment-based adjustment applications in light of today's announcement by the Department of State that there will be no further authorizations of visa numbers for employment preferences and the announcement by USCIS referenced above. This is, of course, a decision each applicant must make and each attorney must advise in his or her best judgment. However, following are some factors to keep in mind:

AILF's Legal Action Center is preparing to litigate. Plaintiffs and class members whose applications were rejected or returned would have the strongest legal claims and have the strongest claims to benefit from a favorable result.

Some case law indicates that where an applicant or their attorney did not apply or permitted the agency to "front desk" an application (turned the applicant away without evidence they had applied) those beneficiaries were not eligible for the remedies ordered by the court.

I totally agree with you. I sent my application today (July 2nd, 2007). If it gets rejected, I'll become a class action plaintiff. The USCIS, if rejecting applications in July, will be violating their own laws. So I also suggest you all apply!!!

 

[concorde]

I totally agree with you. I sent my application today (July 2nd, 2007). If it gets rejected, I'll become a class action plaintiff. The USCIS, if rejecting applications in July, will be violating their own laws. So I also suggest you all apply!!!

Guys, hold on. I have been repeatedly searching the internet to find any "law" or "regulation" that governs how visa bulletins are issued, the procedure for revising them etc. I am stuck in the same boat as people who would have been current per the initial July visa bulletin. So, I am not sure how winning a law suit can be termed strong. As per my understanding the visa bulletin is just an operational procedure used by the government (DOS in this case) to implement the law governing EB quota. Unfortunately if this is true (the lack of a governing law) DOS/USCIS are untouchable by any law suits. I am not a lawyer but smart enough to figure out some of these things now since I have spent a lot of money on these lawyers but have ended up doing almost 70% of their work.
-Fellow friends, please do enough research and help gather information on the laws governing the issuance of visa bulletins and any rules/regulations governing the DOS procedure for publication of the visa bulletin. That is the only sure shot way of getting a lawsuit to work. These guys are too smart and have thought out the entire thing before doing what they have done.
-Secondly, USCIS claims that 60,000 EB visas have been adjudicated and used up in Jun 2006. Now I am very skeptical of the number. I would be very surprised that in 1 month they were able to handle so many cases. This figure seems bogus to me. If there is a lawsuit USCIS must be asked to disclose and prove that this figure is indeed true.

 

[yehkyahuya]

yeh kaise huya?

yeh kaise huya?

<quote>
Where Did the Visas Go?

We learned informally shortly after the July Visa Bulletin was issued in mid-June that there were still approximately 40,000 immigrant visa numbers left in the employment-based pool for FY 2007. DOS based its projections about visa usage on USCIS adjudication patterns from earlier in the year; USCIS had indicated that backlogs in security checks were an obstacle to speedier adjudications of adjustment applications.

However, for reasons that are unclear, USCIS greatly accelerated its adjudications after DOS's June 13 announcement. We have just learned, for instance, that in the first eight months of this fiscal year, USCIS approved a total of approximately 66,000 adjustment of status applications. In June alone, however, the agency approved 60,000, 18,000 of which were approved just yesterday. Together with immigrant visas issued by U.S. consular posts abroad, the total actually exceeds the annual worldwide limit of 140,000 employment-based immigrant visas. (Note that while USCIS is allocated visa numbers after an adjustment of status application is approved, consular posts are provided with visa numbers in advance of scheduled immigrant visa interviews, and if a case is denied or the foreign national fails to appear at the interview, the unused number is returned to DOS for re-allocation.) Accordingly, DOS found it necessary to revise its July Visa Bulletin to indicate that no further visas are available for the remainder of the fiscal year.
</quote>

 

[h1bEinstein]

Don't fight USCIS, there are no grounds for that

Guys, hold on. I have been repeatedly searching the internet to find any "law" or "regulation" that governs how visa bulletins are issued, the procedure for revising them etc. I am stuck in the same boat as people who would have been current per the initial July visa bulletin. So, I am not sure how winning a law suit can be termed strong. As per my understanding the visa bulletin is just an operational procedure used by the government (DOS in this case) to implement the law governing EB quota. Unfortunately if this is true (the lack of a governing law) DOS/USCIS are untouchable by any law suits. I am not a lawyer but smart enough to figure out some of these things now since I have spent a lot of money on these lawyers but have ended up doing almost 70% of their work.
-Fellow friends, please do enough research and help gather information on the laws governing the issuance of visa bulletins and any rules/regulations governing the DOS procedure for publication of the visa bulletin. That is the only sure shot way of getting a lawsuit to work. These guys are too smart and have thought out the entire thing before doing what they have done.
-Secondly, USCIS claims that 60,000 EB visas have been adjudicated and used up in Jun 2006. Now I am very skeptical of the number. I would be very surprised that in 1 month they were able to handle so many cases. This figure seems bogus to me. If there is a lawsuit USCIS must be asked to disclose and prove that this figure is indeed true.

On what basis is AILA going to sue USCIS? They do not like what USCIS has done is hardly a basis for it. You are right in that there is no law regarding when USCIS should or should not accept a 485 application. The only "regulation" is that "you may file 485 only if an immigration visa number is available immediately". The way I interprete this is that the USCIS is free to reject the applications if they know that no visa numbers are available, irrespective of whether or how the DOS informs them of visa number availability.

I do not think AILA is going to win this case. The chances are zero. Nada. Zilt. Then why are they advising people to go for it? Well, most of us will use the lawyers to file the 485, and irrespective of whether it gets accepted or rejected, the lawyers get their fees once they mail out these applications. And guess what, AILA is made of a bunch of lawyers.

My personal opinion is that people should just accept this as a part of life and move on. The downside could be that the 485s stuck in the lawsuit may not get adjucated in a timely fashion when the PDs become current again.

 

[kahan_funs_gaya]

I don't think there will be any revision. it will be current from july 1st. otherwise , why would uscis approve so many old cases for the past two weeks. looks like they don't want the curse of old cases anymore. they approved crazily as if they were getting approval bonus.

BTW, I am curious toknow, whom did they approve crazily?
I guess you and me are still sitting with 2001 PD. I know at least 4 more ppl with 2001 PD in a waiting bin. Do theyu still have 1999, 2000 cases with them, I thought I am 'almost' next.

 

[Dhimant]

Lawsuit over Revised July 2007

Guys,

There might not be any law or regulation affecting USCIS/ DOS and visa bulletins. They might be able to change it anytime they wish.
But my one question is: Since the july bulletin announced on June 14, there are hundreds/ thousands of people like me who went about preparing their application packages, including the medicals. We have spent hundreds of dollars on these, the majority of that going for the medicals. Now, we are not sure WHEN our PD's will become current again, there are chances that the medicals/ passport pictures might not be usable. So we will have to do it all over again, adding another set of expenses.

My question is..isn;t the USCIS responsible for this? At the least, they should accept these documents/ medicals/ pictures whenever we are current to file again, October 2007, Dec 2007 or whenever.

Just my frustrated outrage.

 

[tipotodo]

Guys,

There might not be any law or regulation affecting USCIS/ DOS and visa bulletins. They might be able to change it anytime they wish.
But my one question is: Since the july bulletin announced on June 14, there are hundreds/ thousands of people like me who went about preparing their application packages, including the medicals. We have spent hundreds of dollars on these, the majority of that going for the medicals. Now, we are not sure WHEN our PD's will become current again, there are chances that the medicals/ passport pictures might not be usable. So we will have to do it all over again, adding another set of expenses.

My question is..isn;t the USCIS responsible for this? At the least, they should accept these documents/ medicals/ pictures whenever we are current to file again, October 2007, Dec 2007 or whenever.

Just my frustrated outrage.

I understand your frustration. BUT the medical is valid for 15 months pictures are valid for 12 months. Don't worry, you will use it eventually. Now regarding people spending 100's of dollars on the medical is just crazy to me. I live in NYC and i only payed $ 95 plus the free shots in the clinic. DOCTORS all over the country were trying to bank money out of this situation and OVER CHARGED people big time.

But don't worry friend, you will be able to use your medical and pictures.

 

[concorde]

there is a law after all

Guys there is a law after all (8 CFR 245.1(g). )


http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

 

[jambapamba]

but...

Guys there is a law after all (8 CFR 245.1(g). )


http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

Yes, but it only says this:
“f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.” 8 CFR 245.1(g).

And uscis is following the latest bulletin from DOS(released 2nd). Is there a law which says DOS cannot issue another bulletin until next month??...or something like that...which is of more important.

Just my 0.02

 

[snowns]

When I called USCIS - conflicting information re: bulletin

When I called 1-800-375-5283 just now, and followed the path to retrogression dates, it said that EB3 professionals and skilled workers were current and all other EB3 categories were unavailable. But all the updates say there are NO EB visas available of any kind until October. And that the fee will basically triple after July 30th.

So - do I submit my I-485 before July 30th at the current fee - will it simply be rejected and I will have to file again? Or do I wait?

 

[1389]

Should I File My I-485 Applications?

Anyone please shed some light on this! What is the benefit of filing now that that no employment dates are current until further notice? My layer is asking me to decide whether to file now or wait until my PD becomes current and she didn’t explain anything except for attaching the AILA notice, including: “Some case law indicates that where an applicant or their attorney did not apply or permitted the agency to "front desk" an application (turned the applicant away without evidence they had applied) those beneficiaries were not eligible for the remedies ordered by the court."
I then called the USCIS and they told me I could go ahead and file but the application would be rejected, and it may take 45-days to even get the rejection notice. Then, when my date actually becomes current I would have to file again, and pay the filing fees both times. I did not ask the layer yet but I am sure in this scenario they will also charge their fees both times, and I am guessing, additional fees if I want to enter that litigation. Or, do you actually not file twice, but expect the litigation to be favorable to us, and force the USCIS to process the originally rejected cases without requiring any updated information? I don’t see this as a possibility. I think that the best we could hope to recover is the cost of one of the filing fees (if you file twice), not the double attorney fees. Might there be any benefit time-wise? I would guess that it would be illegal if they later on somehow gave priority to those cases that were originally rejected on these grounds when the applicants were fully aware that they were not eligible to file. I am sure many of you have the same dilemmas. Please comment!

 

[armie]

BTW, I am curious toknow, whom did they approve crazily?
I guess you and me are still sitting with 2001 PD. I know at least 4 more ppl with 2001 PD in a waiting bin. Do theyu still have 1999, 2000 cases with them, I thought I am 'almost' next.

They approved 1000s of applications with PD in 02 and 03. Most of these folks have RD in 03 and 04. Applications having PD in 01 or before are probably stuck in name check or there might be some other problem in their files.

 

[concorde]

Yes, but it only says this:
“f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.” 8 CFR 245.1(g).

And uscis is following the latest bulletin from DOS(released 2nd). Is there a law which says DOS cannot issue another bulletin until next month??...or something like that...which is of more important.

Just my 0.02

You are right my friend and that is what I have been searching for. I didn't know (and many don't know) that there is a law regarding consulting the visa bulletin. Looks like some laws will be added regargind publication and updates now after this situation (not that it will help us). There are a lot who feel cheated now.

 

[CD4help]

USCIS screwed up big....they broke another law!

Check this out folks:
http://immigration-information.com/f...ead.php?t=3598

.........
The “update” issued by the Visa Office yesterday clearly violates the explicit command of the governing regulations. The authority for issuing immigrant visa number is found in the statute in sections 201, 202, and 203. The regulatory implementation authority is found at 22 CFR §42.51:

§ 42.51 Department control of numerical limitations.

(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:

(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

The annual quota for the employment based first through third preferences is 140,000 visas. Ten percent of that number, obviously, is 14,000 – less than one-fourth the number (60,000) of visas handed out by the Visa Office to the CIS. This is clearly an illegal allocation of visas, as commanded by the lawfully promulgated regulations.

 

[Chocolate]

Same situation

Anyone please shed some light on this! What is the benefit of filing now that that no employment dates are current until further notice? My layer is asking me to decide whether to file now or wait until my PD becomes current and she didn’t explain anything except for attaching the AILA notice, including: “Some case law indicates that where an applicant or their attorney did not apply or permitted the agency to "front desk" an application (turned the applicant away without evidence they had applied) those beneficiaries were not eligible for the remedies ordered by the court."
I then called the USCIS and they told me I could go ahead and file but the application would be rejected, and it may take 45-days to even get the rejection notice. Then, when my date actually becomes current I would have to file again, and pay the filing fees both times. I did not ask the layer yet but I am sure in this scenario they will also charge their fees both times, and I am guessing, additional fees if I want to enter that litigation. Or, do you actually not file twice, but expect the litigation to be favorable to us, and force the USCIS to process the originally rejected cases without requiring any updated information? I don’t see this as a possibility. I think that the best we could hope to recover is the cost of one of the filing fees (if you file twice), not the double attorney fees. Might there be any benefit time-wise? I would guess that it would be illegal if they later on somehow gave priority to those cases that were originally rejected on these grounds when the applicants were fully aware that they were not eligible to file. I am sure many of you have the same dilemmas. Please comment!

I am also in similar situation. I am from world wide category and Eb2 classification.My dates are current even apart from July bulletin. Can i file for my 140/485/ead/ap.Any inputs.Thanks in advance.