Retrogression back on track .... a rumor???

Silverdragon102, BSN · Jun 29, 2007

Hello,
My attorney told me today that there is a persistent rumor that visa numbers will be unavailable (once again) in few days. He asked me to call him at the beginning of next week... he will certainly have more information then.
About 2 weeks ago, he gave me some good news: I could apply for a temporary work permit which will give me the chance to start working...while waiting for the green card. But now, I don't know what's going to happen if visa numbers are not available from July. If anyone has an attorney who mentioned that rumor, let me know. Obviously, if the moderators of this forum have additional info...
thanks.
JM

check out the thread titled retrogression not over. Basically a certain amounts of visas are being released but are expected to go quickly. If you are still in France then I am not sure how you can get a temporary work visa when there isn't any. Also have you had approval from NVC and completed your DS230? Would not really see any movement if you haven't

jmb22 · Jun 29, 2007

Thanks for the reply.

I am on a H4 since January 2007.

and

"Also have you had approval from NVC and completed your DS230": YES.

rkm · Jun 29, 2007

I think it's coming, before you can say OPEN SESAME, its now ABRACADABRA, CLOSED VISAS.

Hathaway · Jun 30, 2007

Regarding that, this is the AILA announcement released today...

Friday, June 29, 2007

July 2007 Visa Bulletin to be revised?

Please be advised that AILA, the American Immigration Lawyers Association, has just released the following announcement.

"We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.

This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.”

If this is accurate, Adjustment of Status cases (I-485 cases) filed in July will all be rejected and returned to us and no AOS (I-485 cases) could be filed in July. It would also effectively cancel all Immigrant Visa appointments at US Consulates. We will provide further updates as they become available.

FutureUSRN · Jun 30, 2007

Regarding that, this is the AILA announcement released today...
Friday, June 29, 2007
July 2007 Visa Bulletin to be revised?
Please be advised that AILA, the American Immigration Lawyers Association, has just released the following announcement.
"We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted."
If this is accurate, Adjustment of Status cases (I-485 cases) filed in July will all be rejected and returned to us and no AOS (I-485 cases) could be filed in July. It would also effectively cancel all Immigrant Visa appointments at US Consulates. We will provide further updates as they become available.

Does it mean it will be current in October as new numbers will come in?

tsatsa · Jun 30, 2007

Thanks a lot Hathaway for the message: very informative. BTW, I went on AILA web site but it seems that one must be a member & an attorney to read the posts. Anyway, here is a useful link that mentions the latest AILA Update.

It is clear that it will be hard to get the I-485 thru if they receive it after the 2nd of July.

I got difficulties to understand my attorney strategy for my application. BTW, my attorney is paid by the Hospital that sponsors me for the green card (*). Mid-june, he told me that the best for me would be to put on hold the Consular process and apply for the temporary work permit that goes with filing for permanent residency. I met him on Wednesday this week to get a bit more infos on the documents required for the application. Now (on 29th of June), 3 days after our last meeting, he's talking about 'rumor' that visas 'of july' will run out quickly, and that my application I-485 will certainly not go thru. I am just confused by his behaviour. Indeed, for about 1 week or two, moderators of this web site (who are not attorney) are warning on the very small chance that applications I-485 have to succeed: too many application for limited number of Visas. My attorney waits the last week end of June to inform me of 'rumor'. Kind of pathetic if it was not so devastating for me.

Also, can someone provides me some comments on this issue:

I asked my attorney for my USCIS case number so I can check online the status of my application. According to him, because my application is filed in France, I am not allocated a USCIS case number. (So far, I only have a VNC case number.) It just seems weird that because an application is filed in a foreign country, no case number is allocated.

Just for info, I started the Green Card application (I-140) while in France. From the beginning of the year, I have a H4 and live in the US.

Thanks.

(*) Someone in this forum mentioned that things can go faster if one pays directly the attorney.

Silverdragon102, BSN · Jun 30, 2007

Thanks for the reply.
I am on a H4 since January 2007.
and
"Also have you had approval from NVC and completed your DS230": YES.

Seeing as you are already in the US you are in chance of obtaining EAD which will entitle you to work whilst waiting GC which can be renewed annually whilst waiting. It all depends on how quick your files are in and how quick visas are allocated, there are a lot of people in front of you

Good luck

RNGrad2006 · Jun 30, 2007

Hello,
My attorney told me today that there is a persistent rumor that visa numbers will be unavailable (once again) in few days. He asked me to call him at the beginning of next week... he will certainly have more information then.
About 2 weeks ago, he gave me some good news: I could apply for a temporary work permit which will give me the chance to start working...while waiting for the green card. But now, I don't know what's going to happen if visa numbers are not available from July. If anyone has an attorney who mentioned that rumor, let me know. Obviously, if the moderators of this forum have additional info...
thanks.
JM

This is not a rumor according to my attorney. They literally changed course one day prior to people being able to file. To say I am disappointed is an understatement. Our lives are on hold once again. They are unsure until early next week what is going to happen. It seemed that every day there were changes and now this. But even if you would have been able to file July 2 you wouldn't have immediately received the temporary work permit as you called it (the EAD) are you aware of that. It could take up to about 3 months to get.

suzanne4, RN · Jun 30, 2007

Thanks a lot Hathaway for the message: very informative. BTW, I went on AILA web site but it seems that one must be a member & an attorney to read the posts. Anyway, here is a useful link that mentions the latest AILA Update.
It is clear that it will be hard to get the I-485 thru if they receive it after the 2nd of July.
I got difficulties to understand my attorney strategy for my application. BTW, my attorney is paid by the Hospital that sponsors me for the green card (*). Mid-june, he told me that the best for me would be to put on hold the Consular process and apply for the temporary work permit that goes with filing for permanent residency. I met him on Wednesday this week to get a bit more infos on the documents required for the application. Now (on 29th of June), 3 days after our last meeting, he's talking about 'rumor' that visas 'of july' will run out quickly, and that my application I-485 will certainly not go thru. I am just confused by his behaviour. Indeed, for about 1 week or two, moderators of this web site (who are not attorney) are warning on the very small chance that applications I-485 have to succeed: too many application for limited number of Visas. My attorney waits the last week end of June to inform me of 'rumor'. Kind of pathetic if it was not so devastating for me.
Also, can someone provides me some comments on this issue:
I asked my attorney for my USCIS case number so I can check online the status of my application. According to him, because my application is filed in France, I am not allocated a USCIS case number. (So far, I only have a VNC case number.) It just seems weird that because an application is filed in a foreign country, no case number is allocated.
Just for info, I started the Green Card application (I-140) while in France. From the beginning of the year, I have a H4 and live in the US.
Thanks.
(*) Someone in this forum mentioned that things can go faster if one pays directly the attorney.

Any petition that is filed for immigrant status gets a number, no matter if it is France, the UK, or any other country. Everything goes thru the same procedure. Especially true if you started the process thru Consular Processing.

When you hire an attorney and pay for them directly, they work for you, not for the employer. You can pay the funds directly when they are due and do not have to wait for them to be released by the employer. This is the reason that many have been waiting for a long length of time, many employers pay it when it is convenient for them, nothing to do with the nurse. Anytime a middleman is added in to the picture, things do not run as smoothly as they can. Have a look at the UK Forum for proof of this.

The temporary work permit which is the EAD requires that the I-485 be accepted as well as the petition for the EAD next week. Many here have been arguing with me since the July Bulletin came out, but I expect things to happen like they did in April with the H1-B visas, and they were gone in hours. If the petitions cannot be submitted on the morning of July 2nd, it is going to be too late. Anything expecting to be sent in the mail will not make it in time, only those items that are hand delivered.

Everything that I have posted about how things are done have held true, even though there are many that have not wanted to believe me.

suzanne4, RN · Jun 30, 2007

This is not a rumor according to my attorney. They literally changed course one day prior to people being able to file. To say I am disappointed is an understatement. Our lives are on hold once again. They are unsure until early next week what is going to happen. It seemed that every day there were changes and now this. But even if you would have been able to file July 2 you wouldn't have immediately received the temporary work permit as you called it (the EAD) are you aware of that. It could take up to about 3 months to get.

And your attorney is very correct on this. Many got very excited, just like the nurses that things would be wide open for somtime, and that has proven not to be the case, just like I have stated. There are way too many in line for those coveted visa numbers. And the 140,000 that have been recapped are for any under the EB-3 cargory, which happens to be most, such as those already in the US and under the H1-B visa.

If a letter has not already gone out giving someone the date of their interview, I do not expect them to be getting one at this time.

tsatsa · Jun 30, 2007

Hi,

you are perfectly right, Suzanne: it's naive to believe that everyone is gonna be satisfied of the outcome at the end of July...it is certainly going to happen like for the H1B.

>Any petition that is filed for immigrant status gets a number, no

> matter if it is France, the UK, or any other country. Everything

> goes thru the same procedure. Especially true if you started the

> process thru Consular Processing.

That's what I thought. If my attorney is unable to give me my case number, is there a way to get it via USCIS Customer service Center?

If indeed, it is the case, should I have some documents in hands when I call them.

One additional question: can I ask my attorney to provide me with a copy of all documents of my case starting with the I-140?

Finally, what are the chances that employers sponsoring for the GC get tired of the loonnng process and decide not to pursue with the nurse GC application: i.e they don't pay anymore the fees etc... Basically, are we (nurses & employers) all in the same boat? If not, can the employers leave the ship prematurely?