November Visa Bulletin came out!

mtreyes · Oct 10, 2006

so what happens to petitions filed for example october 10, 2006? isit automatically denied? will the nurse still get EAD?

Rep · Oct 10, 2006

so what happens to petitions filed for example october 10, 2006? isit automatically denied? will the nurse still get EAD?

If you mean your petition is an I-140, then the date it was filed is your PD, that means they will process your petition until they will issue you the DS-230 forms. Once you submit that to teh NVC, you file will remain dormant until such time when your PD becomes current and they will send you the Packet 4 to start the last leg of the visa process.

Rep · Oct 10, 2006

To all nurses,

Don't lose hope. This new development is not common. A few of us who are members in this forum were also affected way back in late 2004 and early 2005.

For those whose PDs are after the cut off dates does not mean that your papers will not be process. You will still receive your Notice of Approval, you will still receive your visa fee bill, you will still pay your visa fees and then you will receive your DS-230 forms which you are going to fill up and send to NVC together with other important documents. Once there, you files will lie dormant or should I say, inactive until such time your PD will be current again then you will receive your Packet 4.

As of the meantime, we can not expect something that happened like in May 2005 where Pres. Bush signed a bill that include the "recapture" of 50,000 visas solely for Schedule A. Sadly, there is no solution yet for this retrogression.

This coming November is election time and this retrogression is farthest away from the minds of the politicians here. They won't act on it because it is not an issue as of the meantime. If there is any action, in my opinion, it will be done by at most by the middle of next year.

Let us hope that some groups will lobby both the house of congress regarding this. Way back in 2005, the American Hospital Association had lobbied for additonal visas to lift the backlog.

In the meantime, just do your job in preparing all the necessary requirements so when the retrogression is lifted all you have to do is wait for your packet 4.

Good luck.

FutureUSRN · Oct 10, 2006

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.

jonRNMD · Oct 10, 2006

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.

nope....

as long as you filed 140 and 485 BEFORE november 2006, and USCIS receives your application before november 1, 2006 then you are SAFE

remember that Schedule A visa is CURRENT for the month of OCTOBER 2006

* by the way, this only applies to those who applies for AOS here in the US and NOT consular processing

Leis23 · Oct 10, 2006

So, what happens to my case? my PD is Dec 2005 and i'm just waiting for my interview? Does this mean my application will lie dormant at P3 level and I will not be afforded a consular interview within the next few months?

FutureUSRN · Oct 10, 2006

nope....
as long as you filed 140 and 485 BEFORE november 2006, and USCIS receives your application before november 1, 2006 then you are SAFE
remember that Schedule A visa is CURRENT for the month of OCTOBER 2006
* by the way, this only applies to those who applies for AOS here in the US and NOT consular processing

Oopppss....yup! I stand corrected.

gracediwa · Oct 10, 2006

nope....
as long as you filed 140 and 485 BEFORE november 2006, and USCIS receives your application before november 1, 2006 then you are SAFE
remember that Schedule A visa is CURRENT for the month of OCTOBER 2006
* by the way, this only applies to those who applies for AOS here in the US and NOT consular processing

how about if you filed for AOS before 60 days of stay? Still safe? how about you, did you file after 60 days or after 90 days? does it matter?

rhp123 · Oct 10, 2006

Not ture, quota could be used in the middle of October. On that day quota was used, application received will be allocated by lottery.

nope....
as long as you filed 140 and 485 BEFORE november 2006, and USCIS receives your application before november 1, 2006 then you are SAFE
remember that Schedule A visa is CURRENT for the month of OCTOBER 2006
* by the way, this only applies to those who applies for AOS here in the US and NOT consular processing

rhp123 · Oct 10, 2006

If quota is not available, you cannot file AOS.

how about if you filed for AOS before 60 days of stay? Still safe? how about you, did you file after 60 days or after 90 days? does it matter?

rhp123 · Oct 10, 2006

There are other visas allowed to have immigration intention, as H4, L1, L2, E3

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.