more about retrogression

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Hello everyone, i heard the retrogression might end in August. Let us continue to pray for the best.

I really hope CIR gets signed by August and that it will have something for nurses

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No, you do not have to repeat anything. If you have an approved or even just a pending case your case is grand fathered w/ the old immigration system and you follow the old one. If ever there will be a new immigration system via the CIR then that is for only for the new applicants.

The old immigration system will in fact stay for quite some time until every case filed using that system has been dealt with while new applicants will be undergoing the new system (if the CIR is approved).

So, do not worry about your case. ;)

Hello lawrence thanks for your reply. just want to ask my PD is oct.1 2006 it was approved on jan.2007 i heard that the only file that will benefit from ''grand fathered'' are those filed in june 2005 below.above those date like 2006 and 2007 will be under the new law even if your case is already approved. i hope you can answer my question.

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Hello lawrence thanks for your reply. just want to ask my PD is oct.1 2006 it was approved on jan.2007 i heard that the only file that will benefit from ''grand fathered'' are those filed in june 2005 below.above those date like 2006 and 2007 will be under the new law even if your case is already approved. i hope you can answer my question.

I have not read such things. There are many things circulating around lately but unless you have read it directly from the source, such as in http://www.USCIS.gov it does not exist. This is another reason for USCIS releasing such notice to warn the public (please refer to the thread about it for details of the notice). CIR is not a LAW yet unless it has been signed by the US president and the contents are forever changing via amendments. Do not believe everything you hear and dismiss it as rumor or hearsay unless there is hard evidence backing it up but since the CIR is not expected to be signed by August then nothing exists.

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To sabadao22,

Lawrence is right.No ned to worry about it since this CIR is not yet a law and certainly expectedly to be undergoing changes from its current form.In fact there are already 100+ amendments introduced by other senators.But this bill is still very far from being made into law.

To answer your question about your case.In the CIR's present form, your petition will be included to those who will be "grandfathered".All petitions filed before the introduction of the bill will be treated under the present law(present system).All petitions approved before enactment of the law will be treated under the present law(present system). We can safely assume that the date of introduction of the CIR is on May 2007.The enactment date is when the president signs it into law.Your pd is before May 2007 so it will still be treated under the present system if this CIR bill will be made into law on its present form.

Do your best to understand and be updated on this bill as it is being debated in the US Congress.It will help you make your Plan B if things go sour.

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Just want to add another thing. It really doesn't make sense for a June 2005 cut-off date or any cut-off date for that matter and saying it this early when CIR is just being debated in the Senate. First of all, most foreign nurses who filed in 2005 and even those w/ approved petitions in the 1st qtr of 2006 should have already have gotten their green cards, whether or not it was done via AOS or CP. It wouldn't make sense for USCIS to have them repeat the application process from scratch and such info. should come from USCIS but there are none. Also, if the CIR is not yet a LAW, it is premature for any one or any organization to set such cut-off dates and again such info. is suppose to come from USCIS and/or NVC.

Been hearing about I-140s being denied in a certain cut-off date and now there is this cut-off date for grandfathering of files. There isn't even a CIR yet and there's already cut-off dates for w/c files are grandfathered and w/c files will be denied ?? It doesn't make sense.

If you ask me, such info. are very fishy. It seems this is another excuse for them to put a blame on the US immigration system for cases that they mis-handled.

And for all you know, the current EB system might be in co-existence for a while w/ the new one (Merit-based system) but we will never know for sure until the final draft has been signed into LAW by the US President. This is what we are trying to say. We will never know until CIR actually becomes law and this is the essence of USCIS' recent notice to the public. Beware of immigration-related fraud and mis-information. If CIR becomes LAW then they (USCIS) will inform the public of what steps to do.

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Those dates that you are hearing about are rumors that were started by others to get you to do things. Do not fall for any of that. The CIR is just floating in the wind right now, think of it as a kite that no one knows where it will land. It is far from being signed, so how in the world can anyone be talking of dates for this and dates for that.

Just a bunch of garbage and means absolutely nothing. More than likely more rumors started by agencies in Manila. And there have been many, they crop up daily. Do not beleive a word about any dates with the CIR. We do not even know if nurses will even be included with the CIR; so how in the world can they be posting about specific dates?

That is totally insane and crazy.

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Specializes in awaiting for Schedule A visa...

It appears clearly now that under the point system, foreign nurses will be disadvantaged. Registered nursing in the US does not require a bachelor degree thus, it does not qualify as "specialty occupation"; therefore they cannot get 20 pts. for that.

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Specializes in awaiting for Schedule A visa...

I think the cut-off dates that we are hearing about are products of the interpretation of the new immigration bill. In the bill, it is said that the "pending or approved" petition will be grand-fathered if it is filed before the "introduction of this bill" AND approved or pending before the "effectivity of this bill".

In the interpretation, they assume that the "introduction of this bill" is May 2007 and the "effectivity of this bill" is Oct. 2008.

So if this interpretation is correct, only those which was filed before the May 2007 cut-off day will be grand-fathered. If you filed it after the May 2007 Cut-off date, then it will only retain its priority date but will have to follow the procedures to be set by DHS under the mandate of this bill (if it becomes a law). However, since this bill will set to remove the Schedule A DOL certification, and you filed it under that, it will have risk of being denied. Currently, DHS won't act on any EB1-2-3 petition filed after the introduction of this bill because of what they call "changes in legislation in the foreseeable future"

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I think the cut-off dates that we are hearing about are products of the interpretation of the new immigration bill. In the bill, it is said that the "pending or approved" petition will be grand-fathered if it is filed before the "introduction of this bill" AND approved or pending before the "effectivity of this bill".

In the interpretation, they assume that the "introduction of this bill" is May 2007 and the "effectivity of this bill" is Oct. 2008.

So if this interpretation is correct, only those which was filed before the May 2007 cut-off day will be grand-fathered. If you filed it after the May 2007 Cut-off date, then it will only retain its priority date but will have to follow the procedures to be set by DHS under the mandate of this bill (if it becomes a law). However, since this bill will set to remove the Schedule A DOL certification, and you filed it under that, it will have risk of being denied. Currently, DHS won't act on any EB1-2-3 petition filed after the introduction of this bill because of what they call "changes in legislation in the foreseeable future"

Yes, you are correct but this is just one interpretation from someone or one organization and this is also presuming that it is passed into law (it is not yet a law - it has not even passed the Senate yet as of the moment) and the cut-off dates sabadao22 and others were relaying were all in the year 2005 and not May 2007.

And it is the USCIS (US Citizenship and Immigration Services) and not the DHS (Dept. of Homeland Security) that caters to immigration. Petitions are not filed to DHS but to USCIS only so any proper interpretation and execution of new immigration laws (if ever there will be one) will come from USCIS.

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Those dates that you are hearing about are rumors that were started by others to get you to do things. Do not fall for any of that. The CIR is just floating in the wind right now, think of it as a kite that no one knows where it will land. It is far from being signed, so how in the world can anyone be talking of dates for this and dates for that.

Just a bunch of garbage and means absolutely nothing. More than likely more rumors started by agencies in Manila. And there have been many, they crop up daily. Do not beleive a word about any dates with the CIR. We do not even know if nurses will even be included with the CIR; so how in the world can they be posting about specific dates?

That is totally insane and crazy.

Dear Suzanna,

I know you are in the right boat up there and see things in better way.

We hear that CIR is comprehensive and all immigrant related matter will be treated in it for years to come, including nurses.

From your comments, I just see two things.

1. This CIR has remote chance to be signed and becomes law in its current available draft, dicussion amenedments.

2. There may not be something specific for visa retrogresion for nurses in the CIR (if at all signed) , but there will be a law in the near future which releases some green cards as a releif to nurses . But it will not be comprehensive.

Please correct me if my understanding is not right !

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I'm really confused.....disadvantage on foreign nurse?

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In theroy, what would be the most likely cut-off date for petitions?

The bill was introduced on 9th May and the Senate debate commenced on 21st May. Or would they disregard the exact date of introduction and just impose cut-off as since May'07.

Is there a precedent of any immigration act having retroactive action on petitions filed prior to its existence?

My petition was filed on 7th May so keeping my fingers crossed.

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