Please read concerning July Bulletin

missgrace · Jul 18, 2007

So even any rumor that you will have until August 15th is not mentioned anywhere by immigration and the US State Dept.

It's not a rumor. It's a fact.

rosesun · Jul 18, 2007

sorry but adjustments of status are being accepted for one whole month and not up to the end of july only.
" washington--u.s. citizenship and immigration services (uscis) announced that,beginning immediately, it will accept employment-based applications to adjust status (form i-485) filed by aliens whose priority dates are current under the july visa bulletin, no. 107.uscis will accept applications filed not later than august 17, 2007."
here's a copy of the official wire com: http://www.murthy.com/uscis_update.pdf

this is good to know. i am happy for those who were troubled last july2. good luck! hope you will be approved. god bless!

suzanne4, RN · Jul 18, 2007

I still stand by what I have posted. We ever expected them to accept petitions the entire month of July. We all had expected it to be a day or two only. With the number of visas that they were expecting. Or look at it another way: with so many being submitted now, then there will not be any visas available in October for all. Why should those in the US be able to get a jump on those out of the US?

If there are no visas available, and the petition is accepted, it is just going to sit there. And then the person is in limbo.

Common sense comes into play here, and that is required to be successful as an RN in the US as well.

suzanne4, RN · Jul 18, 2007

So then, all that have been waiting in the process for two years or so are going to get their interviews cancelled for next month because of those that want their I-485 submitted can get it done.

It does not go both ways, something has to give. Please be realistic in what you want. There is no such thing as Carte Blanche visas for the US, never has, and never will be that. And submitting a petition does not guarantee that it will be approved. Expect to see an increase in those that are denied.

A Visa Bulletin has always only been valid for the month that it covers, and it subject to those visas not being available for the entire month. For them to set a new policy extending the dates of the Bulletin can be cause for some to argue as well.

I do not get paid for my volunteer work here, but the attorneys do. And I have been correct more often than many of them when it comes to things like this.

suzanne4, RN · Jul 18, 2007

The point that I have been trying to make here is that if you are having a petition submitted under this, it is going to need to be submitted in the next day or two. Do not expect them to take all that people want to submit over an entire month, is just not going to happen.

mpoova · Jul 18, 2007

So then, all that have been waiting in the process for two years or so are going to get their interviews cancelled for next month because of those that want their I-485 submitted can get it done.
Suzanna,
:madface:Wondering how my interview on August get cancelled today here, while I-485 will go on there as usual in August??

lawrence01 · Jul 18, 2007

Just want to add and re-emphasize something. USCIS allowing filing of Adj. of Status from July 2 until the middle of August would not benefit at all those who are still on their home country. If one is still in your home country now then this piece of good news does not apply to you. This will benefit only those who are already in the US and being there for at least a certain period of time.

Yes, one can file for I-140 and I-485 (AOS) anytime when allowed such as at these very narrow window of time USCIS/DOS conceded in doing until Aug. 17 but you have to be at least in the US for 60-90 days to even have a chance of USCIS not having to deny it. Some lawyers even prefer at least 90 days time just to be sure as there are still AOS cases that are being denied for cases filed in the 60 day period.

Also, it would be hard press to find an employer willing to petition from now 'till August 17. That's less than 1 month considering the file has to be mailed before that Aug. 17 deadline. And even if there is someone who is willing, they would also be hard pressed to do all the proper paper works such as posting of the job and other paper works. That usually takes a total of around 30 days as well if I'm not mistaken. So, if we do the math, there is no way that someone who is still on their home country and plans to do AOS that can benefit from this.

Those undergoing CP are a diff. thing.

eznal · Jul 18, 2007

to suzanne and lawrence,

just to ask...i've been here in the US since Mar26, so that is more than 90days...already signed a job offer last week, and is about to file for the I-140...what are my chances considering the very narrow window of about a month? I've been hearing from other sources they need to file for labor cert and all that stuff that I do not understand..I havent directly spoken to the lawyer, though, but he has emailed me about the requirements for submission.

My fiancee and I are about to get married in about 3weeks time, and I honestly dont know whether I still need to go with AOS, or wait for him to petition me. He is a US citizen. The difference is that I think if I go ahead with the AOS, I will get Permanent GC, while if he will petition me, I will get temporary GC for 2years.

Also, if I go ahead with the AOS, I will miss out on my sign-in bonus, which will be used up to pay for the hospital's lawyer. We can use it up instead for the spousal petition...

Please enlighten me....I've so far followed every ounce of Suzanne's advice and I havent failed since, so I honestly want to hear your opinion on this matter...

thanks in advance..my mind is mixed up right now..

suzanne4, RN · Jul 19, 2007

And the bigger issue that many do not realize is that the attorney gets paid whether or not the petition gets approved. So many times they really do not care about the chances that someone has to get approved.

We still see to this day some attorneys promising nurses the H1-B visa, yet they have not been available for more than three years. They charge the nurse for the petition filing and their work on it knowing well in advance that it is not going to get approved.

Right now, there is a significant backlog to even passport processing for Americans to the wait time of about three months. And this is handled by the US State Dept, same one that handles visas for foreigners. So you tell me, who is going to win out when there is only a certain amount of staff, even if they are hired tomorrow. Unless the person has been in the US on another visa such as F-1, H-4, or something similar; they are going to run a significant increase in chance of getting denied at this time. And especially with the tourist visa, they are going to be watching very closely with each and every one of those petitions, and if they suspect that the nurse came to the US for the intention of staying and not returning home, it is going to be denied.

And the other issue is that an I-140 petition cannot be done overnight, it takes over a month to get the required documentation to be submitted with it. And we are also hearing that they are requiring the Visa Screen Certificate to now be submitted with that petition due to the fact that there have been many that never passed the English exams and have gotten their EADs cancelled and were forced to leave the US.

A Visa Bulletin is only active for that month. And what immigration came out and stated was that they were cancelling the announcement that came out for July 2nd, so that goes back to the month of July. And then if you add in the fact that there were only going to be so many visas even available then, and the fact that they have been spoken for already, and that there are no current visas in the August Bulletin that has been released, common sense comes into play here.

We never expected them to accept petitions for the month of July in the first place. I did not expect more than a couple of days at the most. So if they are forces to accept any petition that gets sent in and there are no visas available, they are just going to sit there.

suzanne4, RN · Jul 19, 2007

to suzanne and lawrence,
just to ask...i've been here in the US since Mar26, so that is more than 90days...already signed a job offer last week, and is about to file for the I-140...what are my chances considering the very narrow window of about a month? I've been hearing from other sources they need to file for labor cert and all that stuff that I do not understand..I havent directly spoken to the lawyer, though, but he has emailed me about the requirements for submission.
My fiancee and I are about to get married in about 3weeks time, and I honestly dont know whether I still need to go with AOS, or wait for him to petition me. He is a US citizen. The difference is that I think if I go ahead with the AOS, I will get Permanent GC, while if he will petition me, I will get temporary GC for 2years.
Also, if I go ahead with the AOS, I will miss out on my sign-in bonus, which will be used up to pay for the hospital's lawyer. We can use it up instead for the spousal petition...
Please enlighten me....I've so far followed every ounce of Suzanne's advice and I havent failed since, so I honestly want to hear your opinion on this matter...
thanks in advance..my mind is mixed up right now..

With things the way that they are right now, definitely would suggest the K-1 visa. Even if you file for the AOS right now, there are no visas available and you can end up waiting significant time with that. And what is the difference with a green card, gotten as an RN or as a wife? They are both temporary only, and need to be renewed. And requirements need to be met to have it renewed either way.

The only reason that immigration makes it with a time limit is to make sure that you are still married at the two year time and that you did not use it just to be able to stay in the US.

Remember that just because a petition can be submitted right now, it does not mean that it will get acted on right away. To even get the EAD to work can be delayed if they get a deluge of applicants as we are expecting.

If asking my opinion on it, have the fiance petition you. Much better for you in the long run.

And as a side note, if things do not work out, then you can always have the other available to fall back on. And there should be more visas later on.

Best of luck to you on your upcoming wedding. And I want you to send me pictures.

:balloons::balloons::balloons::balloons:

FutureUSRN · Jul 19, 2007

Dear Suzzane, what happens after this surge of AOS applications in the US? Will there be a long retrogression? Are we seeing two or three years retrogression for the Philippines' EB3?