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

[jmb22]

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

[Silverdragon102, BSN]

>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!

It makes me wonder if something was wrong with your file because people who filed early 2006 in fact up until Aug/Sept recieved thier visas? For nurses waiting there isn't a lot that can be done except wait

[suzanne4, RN]

>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!

You have years of experience as an RN. You did not go to school for the sole reason of getting a green card without having any experience at all. There is a big difference with this.

You can try and request it, but usually it is sent to the attorney that is handling your case. Do you know if the I-140 was ever approved? Not sure why your attorney is not being up front with you about what they are doing. If they are not forthcoming, you may wish to speak with the hospital about what is happening.

[tsatsa]

Dear Suzanne,

Thank you for your reply. Regarding the I-140 approval, the only thing that I know is that it was approved in March 2006 ... after my attorney words. However, I don't have any written prove of when it was approved.

I am tempted to believe it was approved because my attorney sent me a copy of a letter he received from NVC in November 2006:

"This letter pertains to the immigrant visa petition filed on behalf of .....". On the letter, it also appears the priority date: 07 November 2005.

It would be interesting to know how attorney's working for an agency are paid. I don't know if the Hospital pays him per cases or per hours spent on a single case. For the latter, it is beneficial for him to let things last a long time. Those are just speculations.

[Hathaway]

I hope AILA pushes through with lawsuits against DOS and USCIS. And wins. If for no other reason than DOS's gross irresponsibility with regards to releasing the July Visa bulletin. They have no new evidence to support revising their announcement aside from their own incompetence. July visa demand coming from the USCIS hasn't event started yet. That means all the info they needed to come up with that same bulletin has been the same information they had on their desks since mid-June. The reason why potential applicants to this whole expensive process consults the visa bulletin is that it is supposed to the the final word on visa availablity for the coming month. What DOS is doing is essentially like selling plane tickets and then cancelling the flight when people are at the gate. Even airlines are obligated to shoulder whatever consequences their actions may have caused. There was and is no reason why DOS's visa bulletin released during its time should be doubted with regards to its reliability or credibility. If one cannot trust the visa bulletin, then the whole visa allocation process in the US immigration system has shifted from a policy of fairness and transparency in process into one entirely undeserving of respect or understanding.

And the disturbing thing is, DOS is doing this flagrantly without regard for fairness in its actions. Its like, "So? Sue us. If you win, good! Maybe the immigration judge will order us to somehow fix whatever consequences our bulletin may have caused..Then and only then will we even consider rethinking what we did. But, you HAVE to sue us first!"... Now, there is something seriously wrong with any govt agency that thinks in these terms. And this particular line of thinking is not entirely without precedent. There have been many instances in the past where USCIS has been sued and has subsequently lost when brought to court to defend how they apply US immigration law. AILA has already announced plans to file suit. If USCIS and DOS lose, they deserve it.

[suzanne4, RN]

Dear Suzanne,

Thank you for your reply. Regarding the I-140 approval, the only thing that I know is that it was approved in March 2006 ... after my attorney words. However, I don't have any written prove of when it was approved.

I am tempted to believe it was approved because my attorney sent me a copy of a letter he received from NVC in November 2006:

"This letter pertains to the immigrant visa petition filed on behalf of .....". On the letter, it also appears the priority date: 07 November 2005.

It would be interesting to know how attorney's working for an agency are paid. I don't know if the Hospital pays him per cases or per hours spent on a single case. For the latter, it is beneficial for him to let things last a long time. Those are just speculations.

Then there was something definitely something fishy here. If you had the I-140 submitted back in November, 2005, and approval more than a year ago; something was not done the way that it should have been. You should already have been here working and not waiting. This is an issue with the attorney, not the US government.

With AOS or Consular Processing, you should have been in the US and working as an RN. Suggest that you speak to the hospital about this if they are the ones that are paying for it.

And if he sent you that letter, it will have a number on it for your file.

[suzanne4, RN]

I hope AILA pushes through with lawsuits against DOS and USCIS. And wins. If for no other reason than DOS's gross irresponsibility with regards to releasing the July Visa bulletin. They have no new evidence to support revising their announcement aside from their own incompetence. July visa demand coming from the USCIS hasn't event started yet. That means all the info they needed to come up with that same bulletin has been the same information they had on their desks since mid-June. The reason why potential applicants to this whole expensive process consults the visa bulletin is that it is supposed to the the final word on visa availablity for the coming month. What DOS is doing is essentially like selling plane tickets and then cancelling the flight when people are at the gate. Even airlines are obligated to shoulder whatever consequences their actions may have caused. There was and is no reason why DOS's visa bulletin released during its time should be doubted with regards to its reliability or credibility. If one cannot trust the visa bulletin, then the whole visa allocation process in the US immigration system has shifted from a policy of fairness and transparency in process into one entirely undeserving of respect or understanding.

And the disturbing thing is, DOS is doing this flagrantly without regard for fairness in its actions. Its like, "So? Sue us. If you win, good! Maybe the immigration judge will order us to somehow fix whatever consequences our bulletin may have caused..Then and only then will we even consider rethinking what we did. But, you HAVE to sue us first!"... Now, there is something seriously wrong with any govt agency that thinks in these terms. And this particular line of thinking is not entirely without precedent. There have been many instances in the past where USCIS has been sued and has subsequently lost when brought to court to defend how they apply US immigration law. AILA has already announced plans to file suit. If USCIS and DOS lose, they deserve it.

Sorry, but there is nothing to sue over. Even the Visa Bulletin is not written in stone and is subject to visas being used up quickly. It comes out a few weeks ahead of time, and what was going on then is always subject to change. It even states that in the Visa Bulletin. And the Bulletin came out around June 15th, it is not just written the day before. And if you notice in there, it stated that they were going to reissue the recapped visas that they had, about 140,000 of them. That is when some attornies got overly excited and promised the world to their clients, but they never should have done that and now they have egg on their faces.

And lawsuits do not get attended to overnight. They can drag on for years and years. And during that time, the government can drag things out even more. There is no law that states that they have to open the floodgates. All along we have stated here that this was just a little hiccup in things, not the end of the retrogression after seeing what has happened in the past.

If you were planning to go thru the AOS, and already have had an I-140 submitted, and were going to have the I-485 submitted tomorrow morning, then you should be just fine. But if you were planning to file it at the end of July, it was always a losing proposition for you to begin with.

This was not meant to change anything, actually just letting some get things thru while the rates are still down before they increase at the end of July. Nurses are still under the EB-3 with hundreds of thousands of others also included. Very few of these visas will actually go to nurses. It is one thing if someone is in the US and under another visa as a dependent, or a TN Visa, or even E3 from Australia. But if someone came to the US on a tourist visa with the idea of staying, this has never been a good idea from the beginning. Especially since I-485s have not been accepted from last October. And those that have been waiting under the H1-B visa for the green card usually wait about three years plus to get their PD current, that is why there is such a roar to get things done tomorrow am.

If you do not like how the US does things, there are other countries in the world. Seeing some of these attorneys have their little temper tantrums is almost funny, and many are seeing it just as I am.

[ambitious nurse]

will this affect even those who already have a interview date??? Should we really proceed with our medicals?

[chocolateRNN]

Iam in the same dilemma, interview on july 25??? what to do

[Silverdragon102, BSN]

If you have an interview date then you should be ok as only given dates if visas available for you (well that is my understanding)

[suzanne4, RN]

since many posts already on this today:

if you have been given an interview with the us embassy, you do have a visa that has been assigned to you. but i would make sure that you do not delay the interview for any reason whatsoever.

who ever has been given a date has a visa number assigned, if they do not already have an interview set, then chances of getting one right now are very slim; unless the letter got lost in the mail and delayed. but do not expect anything if you do not have an appt already lined up.

[rkm]

This thread is no longer about a rumor. It's about reality, the Retro is here and will be here for a long time. Suzanne was always right all along.

[suzanne4, RN]

This is what came out this am.

Visa Bulletin

Number 108

Volume IX

Washington, D.C.

UPDATE ON JULY VISA AVAILABILITY

The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:

Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

Department of State Publication 9514

CA/VO: July 2, 2007