Quote from mtreyes
so what happens to petitions filed for example october 10, 2006? isit automatically denied? will the nurse still get EAD?
DOS will process those application with priority dates beginning Oct. 1, 2005 until the 50,000 visas are all used up. With just few visas left, I don't think those who filed a petition on Oct. 10, 2006 can still make it....only miracle can make it happen. One possible miracle is that most of the applications filed before Oct. 06 are denied. I think the ones waiting at the Consular posts are the ones with greater chance, specifically, those with visa screens on hand.
If one filed for I-140 and I-485
this Oct., he will be most likely in a bad situation if he does not hold a working visa (H1B)
or atleast an EAD
and just possess a Tourist visa. As far as I know, his tourist visa will be revoked once he filed a petition because he changed his intention. It means he has to go back to his home country and do a CP or wait until his I-94 is about to expire before going back and pray that visa becomes current during the waiting period.
There are some groups saying that February 07 is the earliest possible before visa becomes available again and that is hoping Congress will do some action.