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Greg Siskind on Immigration Law and Policy

AN IDEA FOR DEALING WITH THE EARLY FILERS

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I was speaking with my friend Jay Solomon this morning about some of the difficult questions that have arisen over the USCIS announcement on the Visa Bulletin. One point of concern involves the folks who lose key benefits because of their inability to file during the "blackout" period from July 3rd to July 17th. These would include people with children who aged out, people needing to file to claim sixth year extensions of their H-1Bs, people needing to file within 180 days of a status violation to take advantage of 245(k) and others. One solution might be to make everyone filing under the July Visa Bulletin have a July 2nd receipt date. However, this would seem to punish the people who were super-organized and got their cases filed by the 2nd. So we had another solution. Give everyone who filed on July 2nd a July 1st receipt date and give everyone else a July 2nd receipt date. That way the early filers are not dis-advantaged and everyone else is assured that they are not harmed by the reversal in policy.



Your thoughts?



NOTE: I revised this to say "receipt" date rather than "priority" date. Apologies.

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Comments

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  1. August PD's Avatar
    My PD is August 2001, and due to this I can file my AOS. This has created a flood of applicants who will flood the USCIS with their petitions. Any thought if they process our application by PD?
  2. YourFan's Avatar
    Sounds like a great idea to me.
  3. 7-2's Avatar
    I wish you are USCIS director...
  4. Ravi's Avatar
    Not good, I think there are lot of people like me who did not file on July 2nd, even if they were ready, after strong indications were given that USCIS will reject the applications.
  5. Greg Siskind's Avatar
    Just revised the idea to fix and say "receipt" date rather than "priority" date. Sorry for the mixup.
  6. Ha's Avatar
    Just because they agreed to do a favor by reversing July bulletin ...doesn't mean they will open doors for every little problem. They have given enough. Now leave them alone. Let them do their work.
  7. Ravi's Avatar
    Not good, I think there are lot of people like me who did not file on July 2nd, even if they were ready, after strong indications were given that USCIS will reject the applications.
  8. 's Avatar

    Great idea!
  9. maxy's Avatar
    sorry for making irrelevant comment...

    I would like to hear something about AC21 from you...there is lot of confusion how one can use it and when....

    any details on this would be greatly appreciated ...
  10. nandhi's Avatar
    Your idea is great . Even better one would be for these July applicants keep the receipt data as it is and needs to give a special category type for these filers. For this category they have to give exceptions for the all cases you mentined like ageout ..
  11. nandhi's Avatar
    inmy previous post , please read it as receipt date instead of data
  12. Illinois_Alum's Avatar
    I dont think this is a good idea...where do you draw the line? People who still went ahead and filed between July 2nd and July 17th will say what's our reward for taking the risk?

    Obviously - people whose application reached July 2nd and were rejected - they should get that receipt date alloted to them. All others should get the receipt date of whenever their application reached/reaches USCIS now.
  13. sri's Avatar
    Sounds like a good idea to me....it will help uscis processing as well..but, uscis will have to say yes..right....
  14. admirer's Avatar
    sounds good!
  15. Another_Fella's Avatar
    This is a novel and simple solution, considering
    - This is a fix to solve the issue of protecting those special cases
    - Lack of time & resources to scrutinize individual cases

    I read the nay-sayers, but I don't see any other simple way of solving this. The benefits it would provide is going to be much larger for those few who need it. I hope USCIS comes up with something like this.

    I know there are some applicants who filed between July 2nd and now, and they look at this as a disadvantage. For these folks, think about what it would have been like if USCIS didn't work out the current solution? We are here because we worked together to get this resolved.

    The force generated by two working together is always larger than the sum of two individuals working independently.
  16. Another_Fella's Avatar
    Greg,

    Now that I am thinking about it, let us say USCIS does not do anything to fix it. In that scenario all those cases that needed to be filed between July 1st and now in order to get the 245(k) benefit, or to avoid Age-out, etc can they request a Nunc-Pro-Tunc type processing for receipt date? which in turn would provide earlier validity/receipt date than the actual receipt of the application at USCIS.

    I know Nunc-Pro-Tunc is usually done for expired H1 and H4 petitions. But we may just be able to use that provision in this scenario.

    Your thoughts?
  17. Illinois_Alum's Avatar
    Another Fella,

    I agree that special cases need a solution and I am all for it to give them a Receipt Date of July 2nd..but others who are not special cases - they can live with the actual receipt date right?
  18. Vikram's Avatar
    Greg, pls answer this

    How does USCIS prioritize the 485 cases. Because of the flood of applications going till August. How do you think ppl can expect there cases to be picked. By the Priority Date of I-140 or Reciept date for 485?
  19. paskal's Avatar
    greg,

    I filed NIW, and got it in July 3rd am- got it all together in a week... am i to lose any benefit of that PD (it's PD for me) when everyone else pushes up to July 2?
  20. Greg Siskind's Avatar
    The options right now are three

    1. Do nothing and deal with cases in the order received and to hell with the people who lost benefits

    2. Treat everyone the same and give them the same July 2nd priority date or

    3. Give everyone the benefit of an early July priority date, but give an advantage to the early filer.

    Options 2 and 3 are clearly better than one in my opinion and option 3 leaves people as close as possible to the current situation while dealing with the special harms outlined in the post.
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