at a recent aila conference, michael ayetes (uscis associate director, operations) announced, that during the months of july - august 2007, uscis had received approximately 800,000 employment based adjustment applications (i-485s): 40,000 concurrently filed with i-140 petitions, 320,000 stand alone applications
, and 400,000 dependent applications
of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. if most of the employment based cases filed in july-august 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
although uscis has posted on its website that i-485 cases received on or before august 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of june and july 2007.
moreover, some cases initially filed in nebraska and transferred to texas have now been forwarded to the vermont or california service centers for faster processing of receipts.
uscis is making every effort to process ead applications within 90 days of receipt. the processing of advance parole applications may be delayed due to the number of cases filed.
a biometrics notice will be issued even if a visa number is not available at the time.
Oct 4, '07
Yes, 300,000 was really a very conservative initial estimate. We've always suspected that but some don't want to believe us. Even my personal guess of at least an additional 150,000 for a total of 450,000 turned out to be a very conservative estimate as well.
For those people who are trying to figure out what these news means; it means that those who filed AOS in the U.S. on those months should not expect to get their green cards for a very, very long time. That is why I said before that they should focus their attention to when they'll get their EAD instead (and not everyone filed the EAD together w/ their I-140 and I-485) because they will be living off the EAD and renewing it annually for years to come depending on the ultimate actual official figures to be posted by USCIS. The initial reports haven't really specifically partitioned the AOS per specific category but only that the majority who did are under EB2 and EB3 if I interpreted it correctly.
This also mean that filing for AOS would not be allowed for a long time like we have been saying lately. The 2 years estimate we've been telling was base on the 300k initial report but now that it turns out to be much higher, that 2 years guess also turned out to be a very conservative view as well. Not until all the backlog has been processed and completed will they allow people to file for AOS again and those who filed for AOS last July and August will have to wait for years before they expect their green card.
The silver lining I could think of is that the yearly visa quotas will now be prioritizing those already in line, particularly those under CP and those w/ older Priority Dates.
Almost all who filed for AOS before retrogression (Nov. 2006) actually already received their green cards and only a minority still don't have one and these are those w/ RFEs, etc... so, the visa numbers to be made available would definitely go to those under CP and esp. to those w/ earlier PDs. Not sure if the 9,800 or so visa numbers per country under EB3 are enough though but one thing is for sure, countries w/ high demand for visas will fair lesser to those countries w/ relatively low demand.
*FYI: The stand-alone I-485s are those who already filed for their I-140 petitions a long time ago. These are those primarily under the H1B. While those 40,000 mentioned that filed the I-140 and I-485 concurrently are "new cases" and since it was filed only in July, then we can already guess that majority of these "new cases" are nurses, as I personally do not know any other EB workers/professionals that do not need the very long Labor Certification process aside from Schedule As. And as many of us know already, nurses are lumped now w/ the rest of the workers/professionals under EB3, so that's 320,000+40,000=360,000. Not sure where the 400,000 goes and what % of the 360,000 are under EB3 but we'll know more once USCIS releases official figures.
Last edit by lawrence01 on Oct 4, '07
Oct 5, '07
Actually, for those who need Labor Certification approval from DOL, priority date is established by the date when LC was files, not by the date when I-140 was filed. Considering the fact that DOL just finished backlog elimination, there are a lot of people who filed their LC in 2003, 2004, 2005 and just got their LC approved this year. So, some could file I-140 and I-485 concurrently in July, but if LC was filed in June 2005 and got approved in June 2007, the priority day for those folks will be June 2005.
For non-unionized hospitals there is a 42-44 day rule (42 days if posted on Monday, and 44 days when posted on any other day). 10 business days (Mon-Fri) employment notice posting plus 30 days waiting period. In order to file I-140 on July 30, 2007 employers had to post notices not later the June 18, 2007. On the other hand side, July visa bulletin was published just in mid-June. So, not everybody posted notices on time to be able to file by July 30,2007.
Last edit by Snowstorm on Oct 5, '07
Oct 5, '07
Go directly to page 3, "Petitions Filed On Or After March 28, 2005". You are right, if they kept a notice on the board all year round, they could avoid the waiting period. My hospital didn't, they had posted it on June, 18 and filed I-140 on July 30.
I bet 90% of the hospitals don't keep those notices on the board all year round.
Last edit by Snowstorm on Oct 5, '07