Retrogression!!!

loved · Oct 14, 2006

LOVED,
i mean i already submitted my visa screen with the lawyer... by the way, could you please let me know of the response of your lawyer? thanks..... share itto us.... and, lastly, are you also here in LA?

My lawyer said that if everything was sent and received before Nov. 1st, there is still a good chance to get EAD soon, although the I-485 will be approved until the visa number is available. I think this is ok with people who are filing for AOS.

mtreyes · Oct 14, 2006

if this is true, thank God... i already prepapred myself to wait for the greencard... all i need is to start working... what about you LOVED?

suzanne4, RN · Oct 14, 2006

My I-140 was filled in June 2005, approved in June 2006 originaly consular processing, now I want to switch to AOS and fill I-485.
I am realy confused if I am hit by retrogression or not. Does anyone know the answer. Thank you!

Where were you born? Where are you currently located?

You cannot just switch.............you must be in the US for at least 60 days before the petition can be submitted. And do you even have a tourist visa for the US?

suzanne4, RN · Oct 14, 2006

Hi!! I received a letter last July3 from NVC that they have received an immigrant visa petition filed by my employer. Is that already my packet3? Will I be affected by the retrogression since the cut off date is Oct.1? Would very much appreciate for a reply. Thanx!!!

The packet three is the DS-230, and is not received until the visa bill has been paid.

If you are not in the final process of already having received a letter with your interview date and you are from one of the countries included, you are affected.

suzanne4, RN · Oct 14, 2006

My lawyer said that if everything was sent and received before Nov. 1st, there is still a good chance to get EAD soon, although the I-485 will be approved until the visa number is available. I think this is ok with people who are filing for AOS.

Not entirely correct, the visas are expected to be gone before November 1st; and when they are, if petitions were not submitted before they are gone, they will not be accepted.

USCIS will make a posting that they are gone, they will not give notice that they will be gone in so many days.

If you have the petitions submitted before the cut-off date, then you are safe. But remember that not all I-140s are accepted. That is not an automatic thing. They are each review on an individual basis.

loved · Oct 14, 2006

if this is true, thank God... i already prepapred myself to wait for the greencard... all i need is to start working... what about you LOVED?

my lawyer is working very hard to get all forms ready and send them out in next week or so. i will let you know when i reach the next step. (btw: how long did you wait to get your receipts for your I-140 and I-485 after you sent them in?)

mtreyes · Oct 14, 2006

my lawyer is working very hard to get all forms ready and send them out in next week or so. i will let you know when i reach the next step. (btw: how long did you wait to get your receipts for your I-140 and I-485 after you sent them in?)

after 14 days, i got the notice.... goodluck...

rossario · Oct 15, 2006

Hi!! I received a letter last July3 from NVC that they have received an immigrant visa petition filed by my employer. Is that already my packet3? Will I be affected by the retrogression since the cut off date is Oct.1? Would very much appreciate for a reply. Thanx!!!

If the letter you received is asking you to submit you NBI,birth and marriage cert., passport copies etc. then that's packet 3

suzanne4, RN · Oct 15, 2006

DS-230 form is packet #3.

slapa · Oct 15, 2006

Where were you born? Where are you currently located?
You cannot just switch.............you must be in the US for at least 60 days before the petition can be submitted. And do you even have a tourist visa for the US?

Hi Suzanne,

Thanks a lot for you reply. I am currently on F-1 visa in US since the end of september. I was born in Czech Republic (Europe). As I said before I-140 filled in June 2005, approved june 2006, consular processing, now after 60 days in US I want to file I-485, Adjustment of status instead of consular processing. Will I be affected by rettogression or not? Thank you for your time!

suzanne4, RN · Oct 15, 2006

Hi Suzanne,
Thanks a lot for you reply. I am currently on F-1 visa in US since the end of september. I was born in Czech Republic (Europe). As I said before I-140 filled in June 2005, approved june 2006, consular processing, now after 60 days in US I want to file I-485, Adjustment of status instead of consular processing. Will I be affected by rettogression or not? Thank you for your time!

You need to speak with your attorney, you normally cannot change over the processing. And with only sixty days you have an increased chance of getting denied.................that is why most attorneys wait for 90 days before submitting anything. As soon as the visas are no longer current, there will be no accepting of the I-485 by USCIS. Everything gets put on hold. If you are already in the Consular Processing process, you would probably find it faster to stay with that as things will get expedited as soon as they open up again.

I siggest that you speak to the attorney that did your petition in the first place. And have you received any more documents from USCIS? Has the visa bill been paid?

All nurses are affected by the retrogression, no matter where they are from initially.

paul_david_hewson · Oct 15, 2006

The Comprehensive Immigration Bill (where the visa cap removal provision is a part of) that was approved by the Senate was just that; it was just approved by the Senate but it wasn't approved by the Lower House.
Both Houses should agree on it first (A "Compromised Bill") before it is handed over the Pres. for signing. It was stopped dead on it's track because of the U.S. Nov. mid-term elections and would have to wait after the elections. Most prob. early next year or the latest would be mid-next year.
Hope this helped.

Let us hope that this 'bill' will be approved by the Lower House in the soonest possible time.