USCIS received 300,000 AOS applications for July, 2007

World International

Published

U.S. Agency Is Swamped by Requests for Visas

By JULIA PRESTON

Published: August 18, 2007

Immigration authorities have received about 300,000 applications for high-skilled-employment visas since July 1, federal officials said yesterday, a deluge unleashed after the federal government first said it would not accept any applications for those visas during July and then reversed course.

Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available.

The agency admitted it was swamped by the applications it had already received, which was more than double the annual limit of 140,000 employment visas.

According to official figures, in the three months before July the agency received an average of 54,700 applications a month for all green cards, including employment visas and those based on family ties. Applications were already surging then as foreigners sought to file papers before higher processing fees took effect on July 30.

“That is a fantastically high number,” said Carl Shusterman, an immigration lawyer in Los Angeles. Mr. Shusterman said he thought 300,000 was the highest number of employment applications the immigration agency had received in the 31 years he had practiced immigration law.

*Reference:

http://www.nytimes.com/2007/08/18/us/18visa.html

Specializes in Medical and general practice now LTC.
Hi Suzanne4,

I am international nurse from India.Now I live here(MA,USA) with my husband with F2 visa.I took NCLEX but did not pass, And will take this exam again.In the mean time before passing the exam can I apply for my adjustment of status so that I can get any temporary work permit here?

Thanks

:offtopic:

There is no such thing as temp work permit and currently no visas to adjust. Retrogression is affecting everyone regardless of which country you are from. You really need to pass NCLEX, meet requirements for vsc, english exam will be waivered if trained in the US and wait for visas to be available for you to adjust, but make sure you stay in status in the US. There are a couple of questions and answers in the thread asking questions for Suzanne and I would also read up on the retrogression threads

Whether they are returned or denied, the issue is that if on a tourist visa, the person will not be able to remain in the US. That is the point that I am trying to make.

Those applications for the H1-b, in most cases, the one being petitioned was out of the US. For the AOS, they had to be in the US. So therefore, not all will be able to remain, especially those that did not meet residency requirements, and there were quite a few of those.

And there is also a significant difference between the two: The H1-B met their quota in just a few hours; the I-485 was forced to be accepted when there were no visas available and for a solid month plus. When you force someone to do something that they do not want to do, they can rebel. They do not have to approve them if they do not have everything included and everything there perfectly. Anything missing, and it is returned. No questions asked, no time to submit anything additional. There are only 140,000 green cards available per entire year for those under the EB-3 category, yet they had 300,000 petitions submitted. What happens to all that are waiting for the CP processing.

may i then ask, what could be the effect for those of us going CP, who are now documetarily qualified? PD date is Oct 2005. Can we still expect "sunshine" by October?

Hi Suzanne4,

I am international nurse from India.Now I live here(MA,USA) with my husband with F2 visa.I took NCLEX but did not pass, And will take this exam again.In the mean time before passing the exam can I apply for my adjustment of status so that I can get any temporary work permit here?

Thanks

We do not have temporary work permits for the RN role. You need to apply for the green card, and that requires that you have passed the NCLEX-RN exam or the CGFNS to be able to start that proces. But as I am sure that you are aware of, there is a retrogression in place and the I-485 petition is not being accepted at this time, and we do not know when it will happen again. You need to have passed the RN exam before you can even have the I-140 submitted on your behalf.

Until they start accepting petitions again, you are not going to be able to do anything, even if you pass the NCLEX exam at this time. There were just 300,000 petitions submitted, double what the number of green cards for an entire year under the EB-3 category. There is not going to be anything that you can do, and if your birth country is India, expect that you are going to be under the retrogression for sometime.

If you would have passed the exam, and had an employer already, then you had a chance of getting it submitted this past month, but now it is past that, and not a thing can be done at this time.

Focus on passing that exam. Best of luck to you.

WOw thats a lot of applications... keep in mind though that not all of the 300,000 are nursing applications. Hope all the valid nurse appications be approved, some cities here in the US are in critical need for nurses.

And yes, they are not all from nurses. But the ones that have the longer PD dates, have been in the US for several years under the H1-B visa. There are states that have minimal need for foreign nurses, and will not even petition them for hospitals. If a city is that short, then you have to ask yourself WHY? Why don't Americans wish to work there?

may i then ask, what could be the effect for those of us going CP, who are now documetarily qualified? PD date is Oct 2005. Can we still expect "sunshine" by October?

Doubt it sincerely. Expect the retrogression to last for sometime from the PIC countries, and Mexico. As we were expecting to happen last October. But the bigger question is why is your PD date so old and you are not already in the US in the first place? There was a problem there some where, and suspect with your agency or attorney, and not with the US immigration service.

There are less than 10,000 visas available under the EB-3 category for your country per year, and that includes dependents. There are probably more than ten times that number that are currently waiting for the green card from there. And I am just speaking of nurses, not any other profession.

The fact that USCIS was forced to accept petitions for the AOS until this past Friday, and there were more than 300,000 submitted; highly think that the possibility of any visas made available for your country will be quite small at this time. Will not know a thing until the October Visa Bulletin is released next month.

OK. So what do I do?

Finished my NCLEX in May(US edu), spoke to 2 attorneys, one wants me to start the application for GC process and at least get in line and see what happens in OCT. The other is taking a do nothing approach, except wait and see what will happen in Oct. Both agree that I should apply for the VisaScreen certifcate in the meantime.

With all what you guys are saying, I am sooo confused as to what I should really be doing at this point. Which attny's advice should I go on. What should I be doing right now? I need sound, non-biased advice. I simply donot know what I should be doing, right now. Does if even makes sense to start GC application right now?

My mployer has agreed to sign the necessary paperwork.

without passing the NCLEx or CGFNs exam, I don't think you can start filing for the greencard, this is my answer to post #11

OK. So what do I do?

Finished my NCLEX in May(US edu), spoke to 2 attorneys, one wants me to start the application for GC process and at least get in line and see what happens in OCT. The other is taking a do nothing approach, except wait and see what will happen in Oct. Both agree that I should apply for the VisaScreen certifcate in the meantime.

With all what you guys are saying, I am sooo confused as to what I should really be doing at this point. Which attny's advice should I go on. What should I be doing right now? I need sound, non-biased advice. I simply donot know what I should be doing, right now. Does if even makes sense to start GC application right now?

My mployer has agreed to sign the necessary paperwork.

You have to have the I-140 submitted, or ready to submit when the I-485 can be submitted. But if you are in the US now, and they just had 300,000 plus submitted last month, the chances of getting anything in for sometime is quite correct. Anything less than the I-485 being submitted, and it does not permit you to remain in the US.

Which is the country of your birth? And what type of visa are you currently on at this time? My big question is if you tested in May, you would have been able to get the I-485 submitted this past few weeks, but if you did not do that, you are going to be waiting for sometime in most cases.

Suzanne

I graduated from a US nursing school in May. Wrote and passed the NCLEX in July 2008. I did not apply during the window in July. So again, does it even make sense to appy for the I-140 now and wait in line? For those of us just getting ready to start the paperwork, with over 300, 000 plus applicants jamming the system ahead of us, what should I do now?

I am on OPT till Jun 2008. I am not from a high applicant country.

Does it makes sense paying for an attorney to start green application that is likely not going to go nowhere for ???? # of years? or should I just start the process, at the least?

tks

Thank you Silverdragon102 , Suzanne4 and precy.

Suzanne

I graduated from a US nursing school in May. Wrote and passed the NCLEX in July 2008. I did not apply during the window in July. So again, does it even make sense to appy for the I-140 now and wait in line? For those of us just getting ready to start the paperwork, with over 300, 000 plus applicants jamming the system ahead of us, what should I do now?

I am on OPT till Jun 2008. I am not from a high applicant country.

Does it makes sense paying for an attorney to start green application that is likely not going to go nowhere for ???? # of years? or should I just start the process, at the least?

tks

I think that you mean that you just passed the NCLEX exam this past July, 2007. Which country are you actually from? You can send it to me in a pm if you do not wish to post it here.

Not sure what is going to happen with the visas by the time that you need things to be available. If fo some reason, there are none, you will need to continue with your studies to maintain the F-1 so that you can remain in the US. Your visa will expire 60 days after you complete your OPT, you maintain the F-1 while under the OPT.

If you definitely wish to work at that facility, I would go ahead with the I-140, as that has specific time requirements with it that need to be completed before the I-485 could ever be submitted, especially if they only open with a short window of time again.

Thank you Silverdragon102 , Suzanne4 and precy.

You are quite welcome.:balloons:

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