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

Hathaway · Jun 30, 2007

Hmmm..

At this point, it seems to me that the Dept of State and USCIS are risking mass action lawsuits.. there's an article released by AILA at Shusterman's website (AILA vs. USCIS) dealing with the last time the DOS and USCIS went outside of regulations by refusing the "Other Workers" category visa even if the visa bulletin pertaining to the applicable month was "current". If one reads the article, AILA has cited multiple regulations and laws clearly showing why DOS and USCIS applied the law erroneously in that situation. I think it is a violation of federal regulations to amend the revised visa bulletin DURING or AFTER the start of the applicable month. What I am sure of is that the visa bulletin released the preceding month is the reference point as to whether a visa is "Immediately available" so as to allow for I485 Processing.

During that "Other workers" visa category runout situation, DOS simply did not allow USCIS to receive any more 485's, even if they were bound by law to keep the category current due to the already released bulletin. Previously, (and correctly) they should have received what was submitted in the said month, and applied retrogression in the next month. What happened was the announcement from DOS to USCIS came in the form of an "Internal Memo" that was not publicly released! The applicants only found out that CIS was not accepting anymore 485's because those were being sent back! There was no announcement!

Now, DOS is trying to fix its mistake but its not doing enough to keep them away from immigration court, i think. The revised bulletin (if there is one) will be coming out after the applicable month has started. Hospitals have already laid out money to lawyers, there's posting, theres the medical exam, etc... It's like DOS is trying to take back what came out of its official mouth 2 weeks ago. Tough to do considering their announcement was the official guideline for when to start the legal process.

Anyhow, at the very least, what DOS is allegedly about to do is a gross irresponsibility and an abuse in the exercise of prerogative. They cant even reason out that the visa numbers ran out because they're already talking about eating their own words even BEFORE they've started to accept new applications. The door isn't even open yet and they're talking "oh, the house is full."..if somebody miscalculated just how much they have in terms of pipeline cases, then they deserve to be sued.

Hathaway · Jun 30, 2007

i got this off murthy.com

newsflash! dos expected to revise july visa bulletin[color=#808080]posted jun 29, 2007[color=#ffffff]©murthydotcom

we have received news from the american immigration lawyers association (aila) that they have reliable information that the july visa bulletin will be revised on monday, july 2nd, or tuesday, july 3rd. this visa bulletin is expected to retrogress many of the categories that were announced as being "current" for july. it is expected that at least some of the categories will become completely "unavailable." the reason for this is that the uscis apparently engaged in extraordinary efforts to approve cases in june, once there was some forward movement of the visa .

post edited to conform to us copyright law. you can go to the website listed above to see the full article that has been posted.

suzanne4, RN · 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?

Any employer can back out at any time, even with the Consular Processing and we have seen it over and over again happening. You also see it happen more when a hospital is sold, or brings in a new head of Human Resources, or a new administrator. Especially when they are the ones that are paying the fees.

------------------

As I stated above, when the nurse is paying for all of the fees, it means that they have hired their own attorney, and then the attorney works for them and not the employer. That is why things always get done faster, the nurse is usually able to pay the required fees immediately and does not need to wait for approval for the funds to be released. There are quite a few agencies that delay paying the fees until they have placement for the nurse and the nurse gets strung along.

Sure, not all are able to do this, and far from even many, but the ones that can, are much more in the driver seat, not the one that is in the back seat and being driven. And I have said this from the beginning, even for the past several years. Have always seen it work faster that way.

suzanne4, RN · Jun 30, 2007

Any protesting to the US government will not get things taken care of, it just means that things will be filed with the courts. Does not take care of what will happen next week or even in months to come. Can be in court for years.

I have always stated that this was going to be very short-lasting and actually it was never over.

You see and hear much more from the attorneys that do not spend money on blog sites, and seriously search out information. I never even look at the blogs from these other firms that we keep hearing mention on this Bulletin Board. There have been too many items that they have posted that have not turned out to be correct in the first place.

And the Visa Bulletin is always subject to change, it states that even in the Bulletin. And when they get saturated with petitions, then things are no longer current. I never expected it to be current for more than a day or two from when the dates become effective.

Everytime something does not go in the favor of someone, they file a lawsuit. And what is the outcome? Nothing that will correct anything immediately.

And even notice that the above mentioned law firm is more worried about those I-485 petitions that they have been trying to get thru, no mention of any that are under the Consular Processing process. This is why I have stated over and over again, if the appt for an interview is not already firmly made, do not expect to see anything from this. This is only a recap of visas that have been made available in the past. I also highly suggest that no one delay their interview if they get one. These visas are ones that have been recapped; they can go onto the next in-line for it.

suzanne4, RN · Jun 30, 2007

Hmmm..
At this point, it seems to me that the Dept of State and USCIS are risking mass action lawsuits.. there's an article released by AILA at Shusterman's website (AILA vs. USCIS) dealing with the last time the DOS and USCIS went outside of regulations by refusing the "Other Workers" category visa even if the visa bulletin pertaining to the applicable month was "current". If one reads the article, AILA has cited multiple regulations and laws clearly showing why DOS and USCIS applied the law erroneously in that situation. I think it is a violation of federal regulations to amend the revised visa bulletin DURING or AFTER the start of the applicable month. What I am sure of is that the visa bulletin released the preceding month is the reference point as to whether a visa is "Immediately available" so as to allow for I485 Processing.
During that "Other workers" visa category runout situation, DOS simply did not allow USCIS to receive any more 485's, even if they were bound by law to keep the category current due to the already released bulletin. Previously, (and correctly) they should have received what was submitted in the said month, and applied retrogression in the next month. What happened was the announcement from DOS to USCIS came in the form of an "Internal Memo" that was not publicly released! The applicants only found out that CIS was not accepting anymore 485's because those were being sent back! There was no announcement!
Now, DOS is trying to fix its mistake but its not doing enough to keep them away from immigration court, i think. The revised bulletin (if there is one) will be coming out after the applicable month has started. Hospitals have already laid out money to lawyers, there's posting, theres the medical exam, etc... It's like DOS is trying to take back what came out of its official mouth 2 weeks ago. Tough to do considering their announcement was the official guideline for when to start the legal process.
Anyhow, at the very least, what DOS is allegedly about to do is a gross irresponsibility and an abuse in the exercise of prerogative. They cant even reason out that the visa numbers ran out because they're already talking about eating their own words even BEFORE they've started to accept new applications. The door isn't even open yet and they're talking "oh, the house is full."..if somebody miscalculated just how much they have in terms of pipeline cases, then they deserve to be sued.

Sorry, but I do not agree with you. The retrogression does not even start for those until they have gone thru the I-140 process, so the pubishing of jobs, etc, has no bearing on this at all. And even the same thing with medical exams. Most that are expecting to get a visa from these numbers have already had their I-140 submitted and have just been waiting for them to accept the I-485. Not those that are just starting the process with the submission of the I-140.

The I-140 has never been limited in the first place at any time, it has always been accepted. Even during the last retrogression for nurses under the old Schedule A, they were still accepted, and have not been limited this time either.

And as we keep mentioning here, the Visa Bulletin comes out the middle of the month preceding it. They also write the bulletin before it comes out as well. It is not just written and then distributed that day. There are many components to it, and it is always just an educated guess. But what I find funny is with all of these lawyers that are going to sue, these are just recapped visas that the US was not required to make available in the first place. Things change, as with anything that is continuously revolving.

The issue is that these law firms sent out mailers to the customers that they could get things done for them now, and they can't. The issue is with the firms for jumping the gun, not the US government in most cases. The Bulletin even states that it is subject to visas being gone quickly. Even the Preium Processing for the I-140 was put on hold last week because they are expecting so many petitions.

I-485 cannot be done until the I-140 is already completed and either has been submitted or is ready to be submitted on Monday. If they never had the work completed and were just waiting, then the issue is with them, not the US government. It requires the I-140 as the first step, and many thought that they would have weeks to do this in.

Quite a few of the attorneys that I consult with thought the same thing initially, but when they took the time to study it, came out with the same thing that I have been saying all along. The in-house immigration attorneys that work for large corporations are the ones that are going to come out ahead in this, not the other firms.

rkm · Jun 30, 2007

Thank you so much Suzanne for showing everyone the hard-edged reality of the Immigration Process. The UNAVAILABILITY of Visas is a very likely possibility on Monday. Nurses from the PI will have to listen carefully to Suzanne; very, very few of them will ever get the coveted greencard. It's a case of No Visas For You again, and we don't know when it will ever end. Maybe employers will just get tired of waiting as Suzanne said, and abandon thousands of petitions en masse. Right now, Nursing immigration to the US is a bleak and hopeless issue, as Suzanne has illustrated so clearly. Onward with the Retrogression. :nono:

"Nursing immigration is a an endless Retrogression, briefly interrupted by sparks of Visa availability. Now you see them, now you don't. " :lol2: :lol2: :lol2:

RNGrad2006 · Jun 30, 2007

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.

Suzanne,

I was not expecting to get the green card at this time but I was at least hoping to file but my attorney feels that filing right now presents great risk. She feels anyone filing at this time will be denied and in doing so my TN would become invalid. Then I would not be able to get another TN and have to return to Canada. The financial consequences would be tremendous since I have a contract for a year for the relocation my employer provided besides all the moving costs associated with a long distance move. So we will hold off but what my husband is worried about is that some will file and possibly get accepted since we can't afford the risk of losing my job and then after a few days they will file a new Visa Bulletin stating Visas are unavailable again with no end in site when we will get another chance to file. It doesn't appear anything is going to happen with retrogression. We fear that the government may not be as interested in talking about immigration since they spent so much time debating immigration already with no success. I read they do not want to show favoritism to one group (ie) nurses over others (ie) illegals. If we knew this was going to last 1 year or longer it would be easier than the uncertainty. It has already been 8 months and we had no idea this would be the case at the time we moved to Arizona. I literally started my new job one day before retrogression started. Since we are unable to travel to see family members until we know when we will be able to file it is hard on me in particular since my fathers health is very poor. If we knew it would take years to file (not get the green card as being in the US we don't care if that part takes years because I do love my job) it definitely would change our decision making.

suzanne4, RN · Jul 1, 2007

Nothing has come out about anything not being accepted on Monday am, only more hearsay. As long as your attorney is there first thing in the morning with your petitions, you have a chance of getting it in, should say that their courier is there. The funny thing is that many attorneys have been telling their clients for the past two weeks that they are sure to get a visa, but if you take into account that the average person being petitioned has a spouse and two children, and their visas are counted out of this 140,000 as well. Now the immigrations are wearing egg on their face and trying to blame it on the Immigration Service to save face. I just think that it is rather funny to see it. Of course, not funny for you.

All along I have been saying that things will be the same as they were for the H1-B visa, this is why they have to be there right away in the morning. If the petition is accepted, then it has a slim chance of being denied. That is where the issue comes in, if they will accept it in the first place. And that you will know first thing Monday morning. At least you are on the TN Visa and are able to work. You will also know on Monday if the petition is accepted to be filed, if it is, then it is very slim that it will be denied. If it can be accepted on Monday, then you need to remain in the US for now. If it cannot be accepted, then you will be able to return home to see your father. The TN Visa permits you to travel. The I-485 requires that you remain in the US until you can at least get the I-131, and then you can travel with that as well.

There have been retrogressions in the past, and they will continue in the future. This is not anything new.

suzanne4, RN · Jul 1, 2007

Thank you so much Suzanne for showing everyone the hard-edged reality of the Immigration Process. The UNAVAILABILITY of Visas is a very likely possibility on Monday. Nurses from the PI will have to listen carefully to Suzanne; very, very few of them will ever get the coveted greencard. It's a case of No Visas For You again, and we don't know when it will ever end. Maybe employers will just get tired of waiting as Suzanne said, and abandon thousands of petitions en masse. Right now, Nursing immigration to the US is a bleak and hopeless issue, as Suzanne has illustrated so clearly. Onward with the Retrogression.
"Nursing immigration is a an endless Retrogression, briefly interrupted by sparks of Visa availability. Now you see them, now you don't. " :lol2:

It is not that very few will get the green card, but it is not an instant process for anyone, and never has been. This just proves it even more, and a bigger reason not to come to the US on a tourist visa with the idea of staying. It is not going to get you a legal visa to remain in the US.

There have been retrogressions in the past, and consider this time to get experience. Whether in your country, or someplace else. Going thru nursing school so that one gets an immediate green card should never have been the reason to be a nurse. Yes, nursing can be a lucrative career for some, but it is not mandated that the US take everyone that wants to come here. There are more nurses applying then there are visas. Simple as that. And the ones that are going to have an easier time of getting hired are the ones with years of experience, this is not anything new. They were the ones that wanted to be nurses back when the salaries were so low. Supermarket checkers were making more money than nurses when I graduated and two of my classmates got jobs instead in supermarkets. The issue is that nursing should be what you always wanted to do, no matter what. Not where it will let you go if you want to be successful in it.

And again, the issue is that the retrogression was never over as many have claimed. Take this as time to get things done to make yourselves more marketable over here. Especially even for those of you that already have petitioners lined up and are in the process. The fees are almost doubling at the end of this month, and that may change things for some of you if the employer is paying the fees for you.

suzanne4, RN · Jul 1, 2007

And perhaps some foreign schools will close as it is being proven that working in the US is not an automatic thing as some have been stating. And weed out the ones that have not provided adequate training.

The retrogression can be a good thing, if you put it to your advantage and constructively do something during the time that you are waiting.

rkm · Jul 1, 2007

it is not that very few will get the green card, but it is not an instant process for anyone, and never has been. this just proves it even more, and a bigger reason not to come to the us on a tourist visa with the idea of staying. it is not going to get you a legal visa to remain in the us.
this is true. a lot of persons out there with multiple entry tourist visas have been taking advantage of this loophole, and many of them were able to adjust status in the us and get their greencards in less than 6 months, at the height of the 50,000 visa opening. while those on cp agonize over the process, and finally realizing in the end that they would never come to the us as promised by the ng schools. it's time to do something else. :lol2:

tsatsa · Jul 1, 2007

>Going thru nursing school so that one gets an immediate green card should never have been the reason to be a nurse.

Alright! Not really helpful post...at least for me.

I have 8 years experience as a nurse in a Hospital in Paris. Prior to H4, I was on a J2 and work for 2 years for a NYC Hospital. After that, I had to go back to France for personal reasons. At the end of 2005, I contacted the same NYC Hospital, and they offered to sponsor me for the GC.

Anyway, I never thought that the process would take that long: I have been putting my life on hold for almost 2 years and it seems that it's not going to end up soon. Still, I would like to get an answer for the following question (PLEASE):

Is it possible to request my case number directly from USCIS Customer Service?

Suzanne, in your latest post you talked about people who chose a career path for the GC sesame. However, what about people who like their job and would like to work in the US!