February Visa Bulletin

suzanne4, RN · Jan 12, 2008

Ok, so let me get it straight. If all of this comes true, those who are already in the US but haven't started anything (even no I-140) won't be allowed to file for AOS?

This is what we have been posting about for sometime here, if one cannot get the I-485 submitted, then they cannot start the AOS process. The I-140 does not get anyone any status and does not permit one to remain in the US.

The I-485 had an open window in July/August to get submitted only during that time, and because of the number that were submitted, we do not expect the AOS to open up for a couple of years.

There were more than 800,000 submitted and there are only 140,000 green cards issued per year under the EB-3 status, and this is just for those that submitted under the AOS, does not take into account any that are under the CP processing. So if all of those would be valid and accepted, then you are looking at years before being able to submit the I-485 which is the actual petition to adjust ones status.

Nuieve · Jan 12, 2008

Oh, ok, I thought availability of visas automatically implies possibility of both AOS and regular visa applications.

suzanne4, RN · Jan 12, 2008

There still are no visas available, the 61,000 are just being talked about. And that is not just for the nurse, but also their spouses and children, so looking at less than 15,000 or so for nurses from all over the world and there are many more than that already that have completed files and have had those for sometime. Even some that started the AOS process before the cut-off of October 2006 and they are waiting as well.

The visas must be current, and we do not expect to see that for a couple of years at the minimum.

AOS requires that the I-485 can be accepted and that is where the problem is now. The I-140 can be submitted, but nothing any further at this time.

RNGrad2006 · Jan 15, 2008

If it's just going to be 61,000. It will not be enough, that is for sure.
This is base on what happened to the 50,000 visas last time around. When that was given in the 2nd half of 2005, those w/ earlier PDs (mostly with the 2004 PDs) were the first ones to be given. And in fact, only those that who have approved I-140s on the 1st qtr. of 2006 were the last ones to be given visas base from that 50,000 when it stopped in Nov. 2006.
All those who only filed their I-140s in the 2nd qtr. of 2006 and until the 1st weeks of Nov. 2006 were all caught up in retrogression and this includes those who filed in the US via AOS. This particular batch only started receiving their GCs in July and Aug 2007 and a few trickled in Sept. 2007. And even then, not all of them were also given a GC. Some are still on their 2nd EAD up to now. Some, of course who had either their I-140 or I-485 denied on those times were forced to go back home since they cannot re-file another set since the only ones allowed to file AOS until Aug. 15 are those who have new I-140s filed by July 31, 2007. All I-140s filed after July 31 cannot file AOS anymore.
All of what happened last time around were all well documented here in the forums. So, if we apply what happened the last time around then it would be the same, since it will be the same scenario and practically the same number of visas. The extra 11,000 is not much at all, esp. if you adjust it to visa demand inflation (for the lack of a proper term I could think of).
Besides, if you applied in July then you have the EAD and you can renew it afterwards if it doesn't reach the July 2007 PD just like what some did for those with PDs of 2006 and weren't given one. Also, you need to make sure first your I-140 will be approved. There are also those whose I-140s weren't approved and have to do it from scratch again and to those unfortunate to have been denied during retrogression, they have to go back to their home countries since they cannot re-file the I-485 and EAD during retrogression. A denied I-140 nullifies both the I-485 and the EAD since the I-485 is base on a pending I-140 and the EAD is base on a pending I-485. A denied I-140 nullifies everything above it.

I understand there is nothing official with the 61,000 and I don't expect that I would be granted a visa as I consider myself not having waited long...although I did wait at least 1 year before I could even apply. But my point being is that by getting the 61,000 approved it would be a start to moving up the line which would be nice. My understanding with the 800,000 filers though in July/Aug 2007 was that the majority were not nurses but those with a H1B whose priority dates were heavily retrogressed.

suzanne4, RN · Jan 16, 2008

But they are still under the EB-3 category and that is what matters. There are also so many that are waiting that have approval on all of their petitions at this time, that it will not even make a dent in things. Same way that it did not make a dent in things when they used recapped visas just this past May/June. That is how the whole fiasco about the visas got started then and why they were accepted in July/August.

The 61,000, if and when it happens, still covers spouses and children, so that cuts the numbers down considerably.

lawrence01 · Jan 16, 2008

I understand there is nothing official with the 61,000 and I don't expect that I would be granted a visa as I consider myself not having waited long...although I did wait at least 1 year before I could even apply. But my point being is that by getting the 61,000 approved it would be a start to moving up the line which would be nice. My understanding with the 800,000 filers though in July/Aug 2007 was that the majority were not nurses but those with a H1B whose priority dates were heavily retrogressed.

Yes, majority are adjustees from H1B. You are right about that.

It depends on whether the visas reaches those in the July/Aug filers and there is always that chance that it won't (if it's just 61,000) and if it doesn't, nurses gets reverted back to being EB3 and will be pooled w/ all those H1Bs that filed in July and Aug. again and will be sharing less than 10,000 (including dependents) visas per country with every other professionals.

Also, there was a significant increase of nurses who filed for their I-140/I-485 on those months. Mostly from F1, tourists and adjustees from other visas. There was no official word on how much it was but it is accepted that there was a surge specifically for nurses as well. Everyone that could file an AOS did on those months for two reasons. One, is to beat the fee increase deadline. Two, they know that it may be along time that it may happen again.

Those who filed from H1B already accepts the fact that those who filed on those months will not be getting their GCs for a long, long time unless some Law fixes it for them. You can read these with immigration-themed websites.

For those nurses who filed their I-140/I-485 on those months, just sit back and relax. You are already lucky that you can work on your EADs and can renew it annually. Count your blessings. There are those that filed via Consular processing much earlier than you and would give a leg just to be in your place. If you will be given a visa, you will be given one; if not then not. There is nothing you can do nor someone else can do or say that can change it.

All these talks are for those who haven't started anything yet, those who will be graduating soon on F1 visas and those who are contemplating or holding back filing anything and waiting that things may become current again to be able to use their tourist visas to do AOS.

letina · Jan 16, 2008

You are already lucky that you can work on your EADs and can renew it annually. Count your blessings. There are those that filed via Consular processing much earlier than you and would give a leg just to be in your place.

:yeahthat: Well said lawrence.

When do you think there will be a decision (good or bad) about the 61000 visas being talked about?

lawrence01 · Jan 16, 2008

:yeahthat: Well said lawrence.
When do you think there will be a decision (good or bad) about the 61000 visas being talked about?

No word yet. I don't think US Congress officially opens up until the 22nd.

We will try and post updates as it happens.

lawrence01 · Jan 16, 2008

There are also some side benefits of having at least 61,000 visas available for Schedule As aside from giving needed relief.

It will prob. arrest the current practices of Recruitment Agencies X,Y,Z to try and lure and bring in foreign nurses thru A,B,C visas even though the chances of them being truly qualified for it is very low and they can always add in new provisions and conditions on w/c who can file for it to make whatever the number of visas to be given last longer.

My personal suggestions would be to be strict on who can file the I-140s from the start. There should be Visa Screen Certificates on hand from the start and only the proof of passing of the NCLEX-RN exam should be considered. The strict implementation of just these 2 will provide some lag on filing of new applicants for nurses and frees USICS from taking in I-140s that will be abandoned or cannot be completed on the latter stages as we have always been hearing countless reports of incomplete/abandoned cases because they cannot pass the English Exams for the VSC and some are given GCs (thru CGFNS exam as req't) but could not pass the NCLEX and English Proficiency exams and therefore cannot work as a licensed RN but nonetheless given GCs and are in the US, working in jobs that they were not petitioned for in the first place.

RNGrad2006 · Jan 17, 2008

There are also some side benefits of having at least 61,000 visas available for Schedule As aside from giving needed relief.
It will prob. arrest the current practices of Recruitment Agencies X,Y,Z to try and lure and bring in foreign nurses thru A,B,C visas even though the chances of them being truly qualified for it is very low and they can always add in new provisions and conditions on w/c who can file for it to make whatever the number of visas to be given last longer.
My personal suggestions would be to be strict on who can file the I-140s from the start. There should be Visa Screen Certificates on hand from the start and only the proof of passing of the NCLEX-RN exam should be considered. The strict implementation of just these 2 will provide some lag on filing of new applicants for nurses and frees USICS from taking in I-140s that will be abandoned or cannot be completed on the latter stages as we have always been hearing countless reports of incomplete/abandoned cases because they cannot pass the English Exams for the VSC and some are given GCs (thru CGFNS exam as req't) but could not pass the NCLEX and English Proficiency exams and therefore cannot work as a licensed RN but nonetheless given GCs and are in the US, working in jobs that they were not petitioned for in the first place.

That is amazing. That should never happen as you have stated. I thought that USCIS was getting stricter with denying any applications that were not complete (ie) Incomplete Visascreen. To be granted a GC and not even passing the necessary English exams....wow!!! That blows my mind. Looks like the whole process still needs a lot of work. But with the flood of applications I am sure it is a challenge to have things streamlined. We had read somewhere that even after you get GC if you leave your petitioning employer less than a year after getting the GC it could make things difficult for the employee to be granted citizenship down the road. There have to be safeguards put into place that the situation as you described does not happen in the future. Otherwise what is the point of the Visascreen process in the first place esp for those of us that went to school in the US and followed ALL of the rules.

RNGrad2006 · Jan 17, 2008

Yes, majority are adjustees from H1B. You are right about that.
It depends on whether the visas reaches those in the July/Aug filers and there is always that chance that it won't (if it's just 61,000) and if it doesn't, nurses gets reverted back to being EB3 and will be pooled w/ all those H1Bs that filed in July and Aug. again and will be sharing less than 10,000 (including dependents) visas per country with every other professionals.
Also, there was a significant increase of nurses who filed for their I-140/I-485 on those months. Mostly from F1, tourists and adjustees from other visas. There was no official word on how much it was but it is accepted that there was a surge specifically for nurses as well. Everyone that could file an AOS did on those months for two reasons. One, is to beat the fee increase deadline. Two, they know that it may be along time that it may happen again.
Those who filed from H1B already accepts the fact that those who filed on those months will not be getting their GCs for a long, long time unless some Law fixes it for them. You can read these with immigration-themed websites.
For those nurses who filed their I-140/I-485 on those months, just sit back and relax. You are already lucky that you can work on your EADs and can renew it annually. Count your blessings. There are those that filed via Consular processing much earlier than you and would give a leg just to be in your place. If you will be given a visa, you will be given one; if not then not. There is nothing you can do nor someone else can do or say that can change it.
All these talks are for those who haven't started anything yet, those who will be graduating soon on F1 visas and those who are contemplating or holding back filing anything and waiting that things may become current again to be able to use their tourist visas to do AOS.

Believe me... I am VERY grateful!!! I am not anxious about the GC itself since we basically have work status and travelling privileges at the moment. Thanks for explaining the whole process. I never thought about the fact that those who don't get a GC with the potential 61,000 would revert back to the EB3 pool which is VERY large essentially not really getting a person that much further along. My main hope is that visas don't continue to get wasted in the future as traditionally has been the case...which is why the recaptures become a possibility every few years.

lawrence01 · Jan 17, 2008

That is amazing. That should never happen as you have stated. I thought that USCIS was getting stricter with denying any applications that were not complete (ie) Incomplete Visascreen. To be granted a GC and not even passing the necessary English exams....wow!!! That blows my mind. Looks like the whole process still needs a lot of work. But with the flood of applications I am sure it is a challenge to have things streamlined. We had read somewhere that even after you get GC if you leave your petitioning employer less than a year after getting the GC it could make things difficult for the employee to be granted citizenship down the road. There have to be safeguards put into place that the situation as you described does not happen in the future. Otherwise what is the point of the Visascreen process in the first place esp for those of us that went to school in the US and followed ALL of the rules.

Believe me... I am VERY grateful!!! I am not anxious about the GC itself since we basically have work status and travelling privileges at the moment. Thanks for explaining the whole process. I never thought about the fact that those who don't get a GC with the potential 61,000 would revert back to the EB3 pool which is VERY large essentially not really getting a person that much further along. My main hope is that visas don't continue to get wasted in the future as traditionally has been the case...which is why the recaptures become a possibility every few years.

Yep, they automatically revert back to the EB3 pool once the visas run out. Thats what happened when the 50,000 visas run out. And it has been already a little over 1 year since then. What happened in July and Aug. was a fluke or a stroke of good luck depending on how one sees it but USCIS won't be making the same mistake again.

Nurses are automatically pooled to Schedule As from EB3 if visas are made available as well.

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Not to mention able to file for I-140 and getting GCs by just passing the CGFNS Exam. Then they go over the US as immigrants and cannot pass the NCLEX. They end up doing something else other then being licensed RNs. Just how many are given GCs but cannot pass the NCLEX ,we do not know but they are wasting the visa numbers if they cannot work as licensed RNs.

A 3rd safeguard would be to require local licenses for the VSC. This will also create a lag and trim applicants further.

So, that's 1) VSC on hand when filing the I-140, 2) local licenses needed (for countries w/ licensure exams) to complete the VSC and 3) Only the NCLEX Exam can be used as proof of eligibility.

And just thought of this, this also prevents nurses from other countries to go over the US via tourist visas and filing for AOS by simply using the CGFNS exam to file the I-140 and then just do everything else after. That PD slot should be used by those w/ complete req'ts from the start as there is no guarantee that those able to file the I-140 by using the CGFNS exam alone can pass the English exams and complete the VSC anyway and if that happens - they wasted every one else's time (the USCIS adjudicators, employers/agencies) and have taken a PD slot from some one else that has complete documents from the start. And not to mention have used their tourist visas to find work.