The July Belletin has been updated. They are now going to accept petitions for the I-485, but only until the end of this month, if not cut-off before. The August Bulletin which was released today shows nothing available starting on August 1st. So even any rumor that you will have until August 15th is not mentioned anywhere by immigration and the US State Dept.
If you do not already have an I-140 submitted, or have not been in the US long enough; this is not going to work for you. We never expected them to even accept petitions for all of July if they would have started on the 2nd as expected. They were expected to be flooded with petitions that day, and it was expected that they would only accept them for a day or two.
Another thing to take into consideration is that once you apply for the I-485, you no longer have an active visa in hand. You will not have the former visa status that you were on, and will not be able to leave the US until you can get an I-131, Advanced Parole, if you need it.
If you are planning to add your dependents but they are not actually in the US, they will not be able to be included with your petition and it will take them minimum of two years before they can join you.
All of these petitions are going to be reviewed very closely and they will deny them if the requirements are not met. It is up to your side to prove something, they do not need to do anything.
The usual wait time for an EB3 green card is about 3 to 5 years. Nurses are still under a retrogression, it has never been lifted for them. The issue is that there is no separate schedule for nurses. And until there is, the wait is going to be long. And then you need to take into account the number of peoppe from your country that wish to migrate to the US. It far exceeds the number of visas that are available.
Actually not a great news for most foreign nurses. It is estimated that huge amount of 485 will submitted, which will include Eb3 cases as the majority. Future PD will be seriously retrogressed. Some lawyers estimate that it will take several years quota to digest this July filings.
For those who has I140 ready on hand and now in US, this is a good opportunity to catch this boat.
Actually not a great news for most foreign nurses. It is estimated that huge amount of 485 will submitted, which will include Eb3 cases as the majority. Future PD will be seriously retrogressed. Some lawyers estimate that it will take several years quota to digest this July filings.
For those who has I140 ready on hand and now in US, this is a good opportunity to catch this boat.
And that has been my point. If USCIS was forced to accept the I-485 petitions when it is well known that there are no visas available, this is going to cut into the visas that are next to be released. And blame the attorneys for this, not US immigration. They were the ones that threatened lawsuits back and forth and now look at what they caused.
It is one thing for someone to get to file the I-140 that has been in the US for several years under another visa, and many have been working for years with the H1-B visa. I am vehemently against those that are now coming to the US or did so over the past few months on a tourist visa with the idea of staying, and knowing well in advance that there are no visas. But they do not care.
Actually not a great news for most foreign nurses. It is estimated that huge amount of 485 will submitted, which will include Eb3 cases as the majority. Future PD will be seriously retrogressed. Some lawyers estimate that it will take several years quota to digest this July filings.
For those who has I140 ready on hand and now in US, this is a good opportunity to catch this boat.
Also, believe it or not some people who are still in their home countries or undergoing consular processing are lauding this new developments not knowing that it really does not benefit them at all and may even have a negative effect on them.
They think that this new dev. will not take away anything from others. It will. It may not be apparent for now but it will eventually catch up on them.
USCIS was forced to promise to give someone a piece of the pie. Since everyone is sharing the same virtual pie, where will they get that promised slice of pie?
Also, believe it or not some people who are still in their home countries or undergoing consular processing are lauding this new developments not knowing that it really does not benefit them at all and may even have a negative effect on them.
They think that this new dev. will not take away anything from others. It will. It may not be apparent for now but it will eventually catch up on them.
USCIS was forced to promise to give someone a piece of the pie. Since everyone is sharing the same virtual pie, where will they get that promised slice of pie?
Then these are signals that those under CP are waiting for more worry!
Actually not a great news for most foreign nurses. It is estimated that huge amount of 485 will submitted, which will include Eb3 cases as the majority. Future PD will be seriously retrogressed. Some lawyers estimate that it will take several years quota to digest this July filings.
For those who has I140 ready on hand and now in US, this is a good opportunity to catch this boat.
Does this mean the CP pathway is as good as dead? Might be the reason why so many second coursers from the PI with multiple entry visas are going to flood in and use AOS. This loophole is apparently working for some, maybe a lot of them. The CP route is becoming unattractive by the way this is playing out. :uhoh21:
Specializes in Medical and general practice now LTC.
Does this mean the CP pathway is as good as dead? Might be the reason why so many second coursers from the PI with multiple entry visas are going to flood in and use AOS. This loophole is apparently working for some, maybe a lot of them. The CP route is becoming unattractive by the way this is playing out. :uhoh21:
no the pathway of CP is dead. I am sure that immigration are going to stamp down on those doing AOS and may even make it a lot harder to get tourist visas due to the abuse and at the moment the window is only until the 17th Aug 07 and once that date has gone there will be no facilities to do AOS I should image for a while or even months/years.
Actually this loophole will not work if they have not already been in the US at least 90 days. Immigration is going to be going over these petitions that are submitted with a fine tooth comb, and the burden of proof is going to be on the nurse. Not immigration. To come to the US on a tourist visa with the intent of staying is considered dual intent and is grounds to get denied. You are going to significant rise in denials now.
That is why immigration attorneys have always wanted the person to wait at least 90 days before submitting their petitions, to lessen the chance of getting denied.
It is already less than 30 days, so this is not going to work for any that were expecting to do it. And even immigration has been clamping down on the number of days given for the visit. Many are no longer getting the 6 months like they used to but are only getting 90 days. The fact that so many have come over even when there have been no visas this past year and have overstayed or are working illegally does not make it better for anyone, actually hurts those to do want to come over for any reason. And any that have a visa that has expired, they cannot go thru the AOS process, as they must have a current visa to do so. And trying to extend a visa just before it expires also gets them an automatic denial. Unless there is a very good reason to be permitted to stay, and to do so waiting for visas to open, is definitely not the answer to give them.
So, for any that are going to come here and boast that they are now going thru the AOS process via the tourist visa, this is not the time to applaud them. Definitely the other way. It is actually illegal and against US Immigration policy to do that. And not what the AOS procedure was designed for. The visas come from the same pot.
I do not like it when someone takes cuts in line in front of me at the market, and you should not like it either.
They need to get this look::angryfire:angryfire:angryfire:angryfire
Not this one:
There are only so many visas per year, and under the birth country. To try to jump ahead of everyone else just tells you that they think that they come first. And they are only looking out for themselves...............
This is not directed that came thru AOS last year but the ones that are either planning to do it now when they have come here on tourist visa to attempt something illegal in the first place.
suzanne4, RN
26,410 Posts
The usual wait time for an EB3 green card is about 3 to 5 years. Nurses are still under a retrogression, it has never been lifted for them. The issue is that there is no separate schedule for nurses. And until there is, the wait is going to be long. And then you need to take into account the number of peoppe from your country that wish to migrate to the US. It far exceeds the number of visas that are available.