What happens to us? Siskind's reply..

dinsand

Registered Users (C)
#1
I posted this Q on Siskind's blog site:

"I understand that all the talk is about I-485 since these cases are backlogged but what about those going to do consular processing? How does this affect us?

You said that : "For people who got their applications in early this month, they are in the best position to receive one of the coveted remaining green cards for this fiscal year. "

My PD was current in June when my case went to the NVC which up till now has yet to issue me a fee bill, but now that the visa number is unavailable for my category, does that mean that those who filed I-485 earlier in July will get a visa number before me? And my case will languish in the NVC until it becomes available again?

Does it also mean that DOS was not allocating proper visa numbers to certain categories? And allocating most if not all to retrogressed cases only?

I totally admire your passion in keeping this blog. Wonderful source of commentary and information. Thanks."


Here's his reply:

"What if I have applied for consular processing?

According to the Department of State consular filing applicants were largely unaffected by the USCIS actions. That is because visa numbers for applicants and US consulates were reserved prior to USCIS’ is announcement that all immigrant visa numbers were used. Many consular applicants of have been notified that their interviews have been scheduled. Those interviews should continue as planned. For those whose cases are still at the National Visa Center and have not yet been forwarded to consulates, the situation is less clear. Those cases may not be processed if visa numbers are not requested before the 2007 allotment is you step."


So, all those caught in the middle like me have an uncertain future. :confused:

dinsand
 

Tude

Registered Users (C)
#2
Thanks dinsand...

I am in sailing in the same boat. Although, revised revised bulletin is great news to 485 people, this might happen adversely affect to CP guys...My PD is 2004...and having same dilemma Because, my case is at NVC and still take 6-8 weeks to go to BMB consulate...that leaves me in Oct bulletin...and who knows and predict about that...?

I am feeling, there is nobody to speak for CP people. Most of the attorney’s, candidates follow 485 and they have their voice...?

Is there anybody to listen to CP guys? Who are really in bad, unpredictable future because of all this mess?

Folks...should we wait till oct or take a u turn and apply 485?

Thanks
 

chaks7

Registered Users (C)
#3
from Hammond Law Group, LLC; in their immigration alert emails:

I am overseas. How will this impact my Consular Processed case?

Virtually no impact. Visa appointments for July will continue. Anyone with a July Visa appointment should present to their consulate as instructed. All documents must be taken -- employment letters, Visa Screen, etc. If any documents are missing, the Consulate may delay your appointment. If the Green Card is not issued by 7/31, then the cases will likely be ineligible for a green card, perhaps by months or even years. All other people awaiting Consular cases -- such as people at the Packet III stage -- will have their cases put back into retrogression, effective 8/1.
 

dinsand

Registered Users (C)
#4
I actually only proceeded with this route because VB in my category (EB2) has historically always been current. And now this happens. :(

It is my understanding that those who already have interview dates or appointment letters should not have a problem. They already have visa numbers allocated to them. Therefore, if there's a problem at this stage, better call the consulate to find out what's going on.

I also think that those whose papers were in NVC prior to July, and those whose papers will be transferred to the NVC this July will be accepted and processed since they have reversed the updated July VB to the June 12 VB which makes everyone "Current".

The question comes when the CP cases are finished at NVC and about to be sent to the consulate. NVC will only do this if there are visa numbers available. The lawyers have said that things are less certain from here on out, one even said numbers will be unavailable after July 31. :mad:

Well, here's my take on this and I am not an expert but this is what makes sense to me: Although it was said that USCIS have exhausted the numbers for the I-485 for this fiscal year, that would be unlikely. First of all, they cannot monopolize all those numbers and allocate them to only I-485 cases- that would be illegal and highly unfair to those undergoing CP. Second, they have to follow the per country and per category allocations which means if the quota is reached for this year for India EB3's, that's it. Again, it would be unfair to India EB2's if all those numbers are given to India EB3's only. Third, USCIS can only allocate numbers once the case is ready for adjudication which means after security checks, background checks, etc. They cannot allocate the numbers for applications they haven't processed yet- again that would be illegal.

So, for CP cases that are still in the NVC, I think that visa numbers may or may not be available after July 31. It depends on how it is used up till that point. If the normal process is followed (above) then there should be numbers available for CP cases in August and September. However, if DOS decides to give priority to I485 cases by letting USCIS have all those numbers, or decides to give more visas to certain categories or countries more than the allowed numerical limit, or cut corners with background checks/security checks or assign numbers without processing them, then us in CP are screwed. Not only that, but our only recourse is to wait unlike the AOS cases where they can file EAD and AP which allows them to continue to work while they wait.

Frankly, I don't know why no lawyer is questioning those 60,000 visas being used by I-485 cases only , if that is in fact true.

These are just my opinions. Maybe I misunderstood some things. Let me know what you think.
 

shifter_dude75

Registered Users (C)
#5
Need your advise

Guys,

I am dilemma whether i should go for 485 or stick with CP processing.

My PD: March 2005
I-140 approved in Feb 2007

I do not know what process is involved since everyone is talking about 485. what i understand that for CP NVC go for qualifying dates and for VB issued by Visa office. When i called them and checked qualifying dates for July 07, its still April 1st 2004. Call NVC to check Qualifying dates - 202-663-1541

So for me to get there will another year and 6 month thereafter to get my file processed.

What you guys advise.

Thanks much,
Shifter_dude
 

shifter_dude75

Registered Users (C)
#6
need advise

Guys,

I am dilemma whether i should go for 485 or stick with CP processing.

My PD: March 2005
I-140 approved in Feb 2007

I do not know what process is involved since everyone is talking about 485. what i understand that for CP NVC go for qualifying dates and for VB issued by Visa office. When i called them and checked qualifying dates for July 07, its still April 1st 2004. Call NVC to check Qualifying dates - 202-663-1541

So for me to get there will another year and 6 month thereafter to get my file processed.

What you guys advise.

Thanks much,
Shifter_dude
 

willwin

Registered Users (C)
#7
NVC process

Guys,

I am dilemma whether i should go for 485 or stick with CP processing.

My PD: March 2005
I-140 approved in Feb 2007

I do not know what process is involved since everyone is talking about 485. what i understand that for CP NVC go for qualifying dates and for VB issued by Visa office. When i called them and checked qualifying dates for July 07, its still April 1st 2004. Call NVC to check Qualifying dates - 202-663-1541

So for me to get there will another year and 6 month thereafter to get my file processed.

What you guys advise.

Thanks much,
Shifter_dude

That is not 100% right shifter_dude. My PD is Mar 2005 (EB3) and I ahve already received Packet 3 and I am in the last phase of geeting an interview scheduled.

I guess NVC moved QD for my case when all PD were about to become current in June and reason why my case might have moved forward. If they say QD is now 2004, it may move anytime based on VB trend.

My understanding is CP is faster if there was no long retrogression (like more than a year) and both AOS and CP are almost same (still CP may be faster by few months) in case of severe retrogression. However, AOS has additional benefits of EAD, AP etc.

CP is kind of taking your chance, but when your PD becomes current, one has a better probability of getting GC in case of CP and in case of AOS, retrogression may kick in anytime before 485 case is approved (while PD was current). Clear as mud! Sorry but that is what it is.
 

Tude

Registered Users (C)
#8
CP steps

Folks,

Immi help has documented some steps. Please see this link:
http://www.immihelp.com/gc/consular/

Also, some of the documents might not be applicable for employment based or in case you have attorney filing your case such as DS 3032. etc.

I do not know how qualifying date works..but my PD is July 2004..

I 140 AD: March 2007

Fee bill received:
May 2007

fee sent on May 28, received by NVC june 1, 2007

Packet 3: DS 230I instructions received on July 7

Packet 3 sent on July 18, 2007: I have sent DS 230I, I 864 for my wife and all the copies of documents such birth certi, passport copies, W2 etc.(my attorney asked for these copies.)

NVC told me they will take 6-8 week to review and process..and then fwd to Consulate..but with the fiasco of visa bulletin and not sure about retrogession...

The entire decison of CP, and 485, depends upon the priorities in your life at this stage. Certainly CP is faster to obtain GC but who knows when we will get a chance for the interview..

After working hard upto this point and reaching to the last step...I am very much depressed and nervous about CP steps...

so..please review these steps and time frame and take decision before you miss the train for 485..

Good luck and god bless all of us.

Thanks
 

shifter_dude75

Registered Users (C)
#9
That is not 100% right shifter_dude. My PD is Mar 2005 (EB3) and I ahve already received Packet 3 and I am in the last phase of geeting an interview scheduled.

I guess NVC moved QD for my case when all PD were about to become current in June and reason why my case might have moved forward. If they say QD is now 2004, it may move anytime based on VB trend.

My understanding is CP is faster if there was no long retrogression (like more than a year) and both AOS and CP are almost same (still CP may be faster by few months) in case of severe retrogression. However, AOS has additional benefits of EAD, AP etc.

CP is kind of taking your chance, but when your PD becomes current, one has a better probability of getting GC in case of CP and in case of AOS, retrogression may kick in anytime before 485 case is approved (while PD was current). Clear as mud! Sorry but that is what it is.
--------------
Thanks for replying to my query.

I would appreciate if you guide me what steps i need to do to start my CP processing. I am kinda frustrated with my lawyer and they are suggesting me to go for 485 for obvious benefits of EAD and AP. I really want to stick with CP but i dont know steps to that and lawyer are saying that my case cannot move further as PD are not going to be current next month of August as it is "U" for all EB category. Please please suggest

PD: EB2 - march 2005
I140 approved
Next step..

Would appreciate your reply. I can post you my persoanl email id to talk offline... I am in panic situtation..:mad:
 
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willwin

Registered Users (C)
#10
CP or AOS?

--------------
Thanks for replying to my query.

I would appreciate if you guide me what steps i need to do to start my CP processing. I am kinda frustrated with my lawyer and they are suggesting me to go for 485 for obvious benefits of EAD and AP. I really want to stick with CP but i dont know steps to that and lawyer are saying that my case cannot move further as PD are not going to be current next month of August as it is "U" for all EB category. Please please suggest

PD: EB2 - march 2005
I140 approved
Next step..

Would appreciate your reply. I can post you my persoanl email id to talk offline... I am in panic situtation..:mad:

Hey Shifter,

As Tude pointed out, it depends a lot on your priorities at this time and equally on your luck!

If you have not started your CP process yet, it may take atleast 30 days before your packet 3 arrives. And then NVC to review and forward to consulate may be another 15-30 days. And that means 2 months from now. By then, there is a high possiblity that PDs have retrogressed and it could be a very long wait from there.

If you have reasons to have EAD, AP, EAD for your spouse (if you are married) then 485 is better option. But, if you are not planning to change employer, no EAD requirements then stick on with CP and leave the rest to time.

I have decided to take chances with CP as there are no compelling reason for me to go with 485. But, that is just me.

Anyway to clarify your doubts, after 140, if you have opted for CP, NVC would generate a case number for you (find that out by calling their number (603-334-0700, have your I140 LIN number ready), generate VISA fee bil (after 3032? if applicable), accept fees and then will send you Packet 3. All of these can be tracked by calling them at the above number.

Good luck!
 

shifter_dude75

Registered Users (C)
#11
CP to AOS

Guys,

Thanks Willwin for your prompt reply. I am leaning more toward AOS rather than CP processing. Since my PD is March 2005, i cannot assume my VBulletin PD date to get anywhere near to my PD-mar2005. I am married and i can take obvious advantage of EAD card for my spouse.

Do let me know if you have any suggestion or explaination which may help me. Love you guys peace..

Thanks much,
Shifter
 

bluez25

Registered Users (C)
#12
Guys,

1. Whn you apply for I 140.. you need to mention whether you are going to go for CP or AOS.

2. Once your I 140 gets approved, your application will be transferred to the NVC for further processing if you opted for the CP.

3. Once NVC receives the approved 140 it will then notify the attorney or yourself with Fee bills to be paid.

4. Once you send the cashiers check for the CP processing, NVC receives the same and send the Packet 3 which is the FORM DS 230 Part 1 to the attorney of records.

5. Once you receive the DS 230 Part 1, you will have to fill that and send it back to NVC.

6. NVC complets the proccessing and will keep the file at NVC until the Priority dates become current.

7. Once it becomes current, NVC forwards the case to the respective consulate for further processing and scheduling of appointments.

8. once the consulate receives the same depending on their appoinment schedule will schedule an appoinment and will go on from there.... issuing the visa..

With Respect to me... see below
 
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