johnwright03
07-01 09:38 AM
06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS
* By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.
* Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.
* Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.
* Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.
* For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.
* By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.
* Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.
* Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.
* Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.
* For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.
wallpaper OSAMA BIN LANDEN IS DEAD.
mmk123
06-10 04:06 PM
done. thanks!
tikka
07-03 09:37 PM
In all 400$ to date.
so much for your contribution...
so much for your contribution...
2011 Osama bin Laden#39;s
wizpal
08-15 09:52 PM
Guys,
Dont get too excited..All the statistics are pointing to a painful wait if your PD is 2004 or later for EB3 and 2005 or later for EB2. I have been in this mess for enough time(5+ years). July 2 fiasco(Flower compaign, San Jose rally, and class action suit) did wonders for us. Our issues got a lot of attention with some prominent congressman(Zoe, Cornyn, Spector, etc..). and media.
I have a hunch..if the turnout for DC rally(SEP 18) is huge, we could get a lot more attention from congress and we may get some immediate relief. We have the momentum. Keep up the spirit and show up in huge numbers. Lest..believe me, u r in for a long wait and uncertainities like tracking receipts, name check, h1/EAD renewals and so on
--------------------------------------
Be the change u want to see in this world.. Mahatma Gandhi.
Dont get too excited..All the statistics are pointing to a painful wait if your PD is 2004 or later for EB3 and 2005 or later for EB2. I have been in this mess for enough time(5+ years). July 2 fiasco(Flower compaign, San Jose rally, and class action suit) did wonders for us. Our issues got a lot of attention with some prominent congressman(Zoe, Cornyn, Spector, etc..). and media.
I have a hunch..if the turnout for DC rally(SEP 18) is huge, we could get a lot more attention from congress and we may get some immediate relief. We have the momentum. Keep up the spirit and show up in huge numbers. Lest..believe me, u r in for a long wait and uncertainities like tracking receipts, name check, h1/EAD renewals and so on
--------------------------------------
Be the change u want to see in this world.. Mahatma Gandhi.
more...
paskal
07-16 06:18 PM
only the media can do this for us
they like exposes' don't they?
now how can we get them interested
would the nyt reporter that wrote a story on Numbers USA be interested in a follwo up on their tactics?
they like exposes' don't they?
now how can we get them interested
would the nyt reporter that wrote a story on Numbers USA be interested in a follwo up on their tactics?
DSLStart
02-16 12:43 PM
You can usually get good flight deals for BWI (Baltimore airport). There is metro bus service (http://www.wmata.com/bus/timetables/md/b30.pdf)connecting from BWI to Greenbelt metro station.
has metro access. Baltimore has MARC but it won't be that frequent and cost effective.
has metro access. Baltimore has MARC but it won't be that frequent and cost effective.
more...
vandanaverdia
09-11 02:47 PM
Lets all go to DC!!!
GO IV!!!!
GO IV!!!!
2010 Osama Bin Laden Dead
go_gc_way
01-18 04:20 PM
we need some more members to keep this effort stay ignited. This effort has helped us get several hundred members in the past few weeks. Pls continue to help. It will only take 15 min of your time.
Thanks Pappu :D (Pappu, left a PM, pl reply. Wouldn't mind if you don't come back , you are busy. Thanks)
Several hundred members ... only about 50 posts !!
That's true, once it is posted on a web site, most likely many members of that site will come read the thread. How many will read, will go on increasing each day, east posting.
Extraordinary effort perm2gc and others, please keep it up !!
Members , give it a thought ... give a free gift, more the members ...best our efforts.
Thanks Pappu :D (Pappu, left a PM, pl reply. Wouldn't mind if you don't come back , you are busy. Thanks)
Several hundred members ... only about 50 posts !!
That's true, once it is posted on a web site, most likely many members of that site will come read the thread. How many will read, will go on increasing each day, east posting.
Extraordinary effort perm2gc and others, please keep it up !!
Members , give it a thought ... give a free gift, more the members ...best our efforts.
more...
GreeNever
06-13 11:22 AM
Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.
Link: http://www.msnbc.msn.com/id/18826755/
Link: http://www.msnbc.msn.com/id/18826755/
hair hand over Osama bin Laden.
wc_user
02-20 06:16 PM
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
more...
amitjoey
11-07 05:18 PM
bump
hot Osama Bin Laden who was the
a_paradkar
07-25 05:00 PM
Do you need an EVL if you are just sending in 485 application for your spouse.
My 485 was filed in Sept 2005?
Kind of confused. can someone answer that?
My 485 was filed in Sept 2005?
Kind of confused. can someone answer that?
more...
house -failed to find/kill in laden
fcres
07-23 03:52 PM
This is the press release in April that became effective Jun 18th http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
tattoo Cover Of Osama Bin Laden 39 s.
Jaime
09-13 09:50 PM
PM me! We want to see as many of us in DC next Tuesday!!!! Let's go guys!!!!!
more...
pictures Gates: Bin Laden Raid
h1techSlave
03-19 10:44 AM
Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.
85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.
http://www.usavisanow.com/perm07.pdf
see a chart
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1
85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.
http://www.usavisanow.com/perm07.pdf
see a chart
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1
dresses images osama in laden has
gc_lover
07-18 08:00 AM
Hi Guys,
Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."
I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.
So please post your information as to when your app is received at USCIS.
Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.
Thanks.
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."
I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.
So please post your information as to when your app is received at USCIS.
Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.
Thanks.
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
more...
makeup RSS; Email; Print. The author
shivaz90
07-13 10:48 AM
As anyone in this forums know about this "may-a-times-told" joke about a bunch of people in an airplane that have to make some hard decision on dropping out some of thier own to save the flying aircraft. As one by one jumps out of the aircraft for a noble cause of saving the other person - our own Desi pushed the next one crying " Gandhiji ki Jai" - saving himself instead of others.
The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.
I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.
What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?
Need some civility here - Please!
The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.
I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.
What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?
Need some civility here - Please!
girlfriend mission ordered by President Obama, right, to take out Osama Bin Laden
Administrator2
04-20 05:36 PM
We need at least 6 more volunteers for this task so that the volunteers already making the phone calls are not over-burdened. Please help this very important initiative.
If you would like to volunteer for this effort, please post or send me a private message.
If you would like to volunteer for this effort, please post or send me a private message.
hairstyles osama bin laden funny. osama
pappu
02-01 08:05 AM
forget sulekha..i posted our ad couple of times ,after that they started to delete.I am not sure what the reason is...
All i need is the forums which have more members with more activity.I will spend sometime to join them and post.
It is sad that none of these desi sites have come forward to help us put our ads on their sites. None has helped us in our cause, even though they are run by immigrants like us who were at one time waiting in line for their greencards. Now after getting their greencard they do not want to help the cause but instead want to make money from it. If any such site owner is reading this post and desires to help by posting our ad on your site, contact us.
Thank you for your effort to post IV messages on various websites.
1
could you do a search on yahoo groups, msn groups, google groups on greencard, immigration, legal immigration etc and see if those groups have many members and it is not an anti immigrant group from its intro. Then join them and start posting IV messages in them. You will find hundreds of groups. Each post will send emails to all its members.
2
There are several groups in yahoo, msn, google that belong to alumni of IITs, IIMs etc and a lot of their members are in USA. you can post messages in those forums too.
3
Go through my thread- ideas to increase publicity of IV from last page to first page (http://immigrationvoice.org/forum/showthread.php?t=694) . You will find several sites and ideas to post IV messages online.
IV is grateful for your tireless effort posting messages. While all others lost their steam, you have continued your mission. We recognize your efforts and hope some others will join you to help.
All i need is the forums which have more members with more activity.I will spend sometime to join them and post.
It is sad that none of these desi sites have come forward to help us put our ads on their sites. None has helped us in our cause, even though they are run by immigrants like us who were at one time waiting in line for their greencards. Now after getting their greencard they do not want to help the cause but instead want to make money from it. If any such site owner is reading this post and desires to help by posting our ad on your site, contact us.
Thank you for your effort to post IV messages on various websites.
1
could you do a search on yahoo groups, msn groups, google groups on greencard, immigration, legal immigration etc and see if those groups have many members and it is not an anti immigrant group from its intro. Then join them and start posting IV messages in them. You will find hundreds of groups. Each post will send emails to all its members.
2
There are several groups in yahoo, msn, google that belong to alumni of IITs, IIMs etc and a lot of their members are in USA. you can post messages in those forums too.
3
Go through my thread- ideas to increase publicity of IV from last page to first page (http://immigrationvoice.org/forum/showthread.php?t=694) . You will find several sites and ideas to post IV messages online.
IV is grateful for your tireless effort posting messages. While all others lost their steam, you have continued your mission. We recognize your efforts and hope some others will join you to help.
snathan
05-11 12:57 AM
What is a donor. I previously donated $500 and I am not on that forum. Also asked IV through PM about it. Never got a response.
They are considering Donor - only people who are contributing and not based on previous donation. As long as you are donating you will have the donor status.
They are considering Donor - only people who are contributing and not based on previous donation. As long as you are donating you will have the donor status.
Administrator2
04-20 05:33 PM
I have already called seven members who have been active lately. I don't have other phone numbers. If you still need people to call. Let me know. You can PM me
Thank you gsc999. I will be emailing you contact information of more members.
Thank you gsc999. I will be emailing you contact information of more members.
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