SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July?

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userfriend

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According to immigration-law portal:

According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
:confused:
 
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So those who had cleared name check but were awaiting a visa number will be mostly cleared.

The rest of us who have just started their I-485 are :mad: :( :mad:
 
Even newly filed I-485 cases have a chance of getting approved if the dates are retrogressed back to 2002/2003 as long as their PD is old.
 
i thought once the PD is current, its already allocated a visa number. Then How come visa number will be limited for a certain number like 40K? I have my alien# already in my I140 AND I485, its the same with visa number?

StonedAnt said:
So how far back do we think the dates will retrogress? I hope they don't go beyond 2002.


Stoned!
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adallac said:
i thought once the PD is current, its already allocated a visa number. Then How come visa number will be limited for a certain number like 40K? I have my alien# already in my I140 AND I485, its the same with visa number?
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No. They only assign a visa number when it gets close to deciding your case.
 
If they are capable of doing so many approvals so quickly, why in the world did they let thousands of visa numbers go unused in past years?

If all the numbers are used up in July, they won't retrogress to 2002; the categories will become "unavailable" until October when the new quota is opened up. At that time all of EB3 (and probably EB2 India and China) will have a retrogressed date. Given the number of cases that would no longer be pending as a result of the barrage of approvals, they definitely shouldn't retrogress it to anything worse than what it was four months ago.
 
Jackolantern said:
If they are capable of doing so many approvals so quickly, why in the world did they let thousands of visa numbers go unused in past years?...
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I think they had all the processing done (short of formal approval) on a lot of applications. They couldn't approve 'm 'cause of unavailability of visa numbers. There's very little work to do to approve already processed applications.

However, I don't imagine they can process the new applications that fast.
 
Remember, the same thing happened in 2005...when EB3 went Unavailable....in May/June 05...but they continued to accept applications....until end of the month....

So, this scenario will most likely not happen....of not accepting applications may not happen....
 
gravitation said:
I think they had all the processing done (short of formal approval) on a lot of applications. They couldn't approve 'm 'cause of unavailability of visa numbers.
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What unavailability, when there were 10,000+ last year that were available but not used? And more than that in prior years? They had ample opportunity to request the dates to be advanced enough to allow the 140K to be used up. And bug the FBI to finish the pending name checks.
 
:)

Jackolantern said:
What unavailability, when there were 10,000+ last year that were available but not used? And more than that in prior years? They had ample opportunity to request the dates to be advanced enough to allow the 140K to be used up. And bug the FBI to finish the pending name checks.
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I agree with Jack - but again, does USCIS ever make any sense? There is no point in tryng to find sense in their actions...waste of our time...
 
hope not

There is no way USCIS could analyse the applications and decide whether requisite number of applications have been received by mid-july. I only think these are some scare tactics from interested parties, who live on the very lives of worried people. Such a sad situation.

But, its in your best interest to apply ASAP. There's no doubt about it.

BTW, I have to hurry up too. Who knows when USCIS comes up with a surprise.
 
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