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Greg Siskind on Immigration Law and Policy

FAQs (part 2)

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OK, going to bed after this.



What if I have
applied for consular processing?>>







According to the Department of State consular filing
applicants were largely unaffected by the USCIS actions. That is because visa numbers for applicants
and US consulates were reserved prior to USCIS' is announcement that all
immigrant visa numbers were used. Many
consular applicants of have been notified that their interviews have been
scheduled. Those interviews should
continue as planned. For those whose cases are still at the National Visa Center and have not yet
been forwarded to consulates, the situation is less clear. Those cases may not
be processed if visa numbers are not requested before the 2007 allotment is you
step.

>



What is my a not be
able to file an adjustment of status application between July 2 and July 16 caused
me special harm?>>
>



There are a number of examples of individuals who may face
special harm because they were not able to file adjustment applications during
the first half of July. For example,
some individuals had children turning 21 who "aged - out" making them
ineligible to adjust status. Some individuals with status violations close to
180 days might not be eligible to adjust status under INA Section 245(k) if
they were unable to file in time. Some individuals may not be eligible to
extend their H-1B status if an adjustment application is not filed early
enough.









While the USCIS press release did not discuss the handling
of these kinds of cases, the agency did represent in negotiations that
individuals would not face additional harms because of the agency's failure accept
applications. So hopefully USCIS will issue
a statement clarifying how cases of these types will be handled.>



If I filed my case
previously without an application for employment authorization or advance
parole, how do I apply now for those benefits? >>







If you failed to apply for work card or a travel document at
the time you filed your adjustment of status application, you need to wait
until you received a receipt for the I-485 petition. You can then apply for work and travel
benefits by providing a copy of the receipt along with the other forms and
supporting documentation.>



>



Will the massive
number of applications expected to be received over the next month affect
issuance of receipts as well as employment cards and travel documents?>>





While I am not in a position to speak precisely to USCIS'
ability to handle large volume of applications that will be coming in over the
next several weeks, based on past performance I think it is safe to assume that
the agency will have enormous difficulty properly processing very high number
of applications. I would expect receipts
to take much longer than normal perhaps more than a month and I believe USCIS
will have difficulty living up to establish timelines for work and travel
documents. In theory, work document
applicants should be able to process at a local USCIS office if an application
is not adjudicated within 90 days.  However,
historically USCIS has had a great deal of difficulty handling applications
received as part of a surge.



 

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Comments

  1. ThanksToGreg's Avatar
    Greg,
    You are again, again and again proved to be amazing. The way you picked up the questions and answers with all your experience is really excellent.

    This blog is a great value for all the immigrant community. Hats off to you.

    Cheers!!
  2. Asim's Avatar
    Thanks for the updates Mr. Greg. I had a question regarding the employment authorization document you stated that we can get the employment document at our local field office if the process for approval takes more than 90 days. I thought the USCIS had stopped giving interim Employment documents..
  3. Calvin's Avatar
    One more for FAQ.
    I am unable to apply for 485 in July due to personal reasons (spouse outside country/travel restrictions). What is the expected retrogation for October? If half a million folks apply for green cards - does this mean numbers will remain unavailable for next 3 years? More so for Indian and Chinese - due to country specific caps - can the numbers be unavailable for next 5-6 years?
  4. JM's Avatar
    Hi Greg,
    My 485 Application reached USCIS on July 2nd , but without my medicals as i did not receive them when filing
    Where do i stand? should i refile with medicals?
  5. 's Avatar
    HI Greg, how can I meet you?
  6. Subir's Avatar
    Greg,

    Thanks to your blog, a lot of common questions are getting answered. I have an unique situation and would like your insight on this. In the month of June, I was scheduled for a CP interview in August and it has now been cancelled. The packet 4 and appointment letter was sent to me, and so I was under the impression that my visa has already been accounted for. But now the consulate says that visa's in August is unavailable and so your interview in August has been cancelled. I would like to hear your thoughts on this. Thank You!
  7. Crystal's Avatar
    Hi, Greg: I filed my 140, 485 and 765 last week. No receipt yet. Can I apply for 131 late this year with the receipt of 485 when PD may not be current. Thanks
  8. howzatt's Avatar
    There are a couple of things that work in the favor of EAD/AP processing. Since USCIS will not be adjudicating many 485s and H1 applications, I would think that they would be able to make optimum use of their resources to take of the surge of EAD/AP applications.
  9. Thanks's Avatar
    Thanks a lot for all the work you are doing here.
  10. Greg Siskind's Avatar
    Subir - That's interesting because we have been told the consulates were not canceling interviews. I'm going to see what I can learn about this.
  11. Pending LC's Avatar
    Greg & Subir:

    I think Subir said his interview was in August. All interviews after July were cancelled. I know someone who received a similar letter. I think Subir is governed by the August bulletin and not the July bulletin. He will have to wait till October to see how badly his category retrogresses. If he is lucky his turn may come then if he is unlucky like me he may have to wait many years!
  12. Jun's Avatar
    Greg, I would like to thank you! You're really great and your service to the immigrant community is incomparable. You go beyond the call of your duty to serve even non-clients. Congratulations to you and your blogsite.

    Best Regards,

    Jun
  13. john's Avatar
    Hi Greg,

    Would you please let us know if you had a reliable source or direct contact with USCIS to know that some July 2 applications were rejected and returned. Any case let us know why do you think this to be true even though we have been learning that they have put all them on hold and going to process now. Thanks for your earliest attention!
  14. aks_80's Avatar
    My husband and I applied on July 2, we havnt recieved any reciept yet. We are travelling to india this week on our H1 visas as its too late to cancel our trip. Would we face any problems? People please do reply to this.
  15. Subir's Avatar
    Greg, Thank you for looking into this. I really appreciate it. Just a quick update. The consulate in Mumbai has published interview dates for August and surpisingly scheduled 6 EB interviews, whereas they cancelled mine. I'm at a loss of words.
  16. Greg Siskind's Avatar
    Subir - I'm trying to get a better handle on why some people are getting their consular interviews and why some are not. A client of mine that has a nurse staffing company has been getting interviews scheduled all the way out to September for her nurses and confirmed with the consulate that they are NOT going to be canceled. And yet we had several EB-2 interviews canceled for August. I think the reason why is because the interviews for the canceled folks were set up based on anticipated visa availability in August and now that those numbers are unavailable, the interviews are being canceled. The Eb-3s, on the other hand, were not supposed to be available any time in the near future so when visa numbers were made current, DOS pushed numbers to the posts for those cases. I'm not sure what DOS will do with numbers returned by USCIS to DOS. Hoping to learn more soon.
  17. Subir's Avatar
    Thanks, Greg. Don't have enough words to thank you. I am posting the Interview Schedule Link for Mumbai in Aug for your reference. http://mumbai.usconsulate.gov/uploads/images/azxk_5UW8I3BHkG4wrhziw/apptaug07.pdf
    They have 2 EB3's and 4 EB2's scheduled. My understanding was that they would go by the fact that priority dates have to be current on the day of the interview to get a I-551 stamp, based on their own website. But obviously they are not following what they preach.
  18. Greg Siskind's Avatar
    Subir - Maybe the EB-2s are people who had visa numbers pulled under the June Visa Bulletin and they are just getting to their cases now? Just speculation.
  19. Subir's Avatar
    If EB2 is the case, then I should qualify as well, since I am in EB2. I just saw an online posting from someone who has been scheduled for EB2 Interview in Mumbai and his appointment letter was generated on a date after mine.
  20. Pending LC's Avatar
    Subir:

    "If EB2 is the case, then I should qualify as well, since I am in EB2. I just saw an online posting from someone who has been scheduled for EB2 Interview in Mumbai and his appointment letter was generated on a date after mine."

    His interview may have been re-scheduled from an earlier month such as May or June. (same thing with the 6 EB cases in August, theses are probably re-schedules otherwise there would have been many more cases than 2 EB3s. To give you an idea of the volume of EB3s click on the July Interview Schedule at US Embassy Delhi http://newdelhi.usembassy.gov/uploads/images/px3cP8Pvf9jUmSOoS9ffdQ/int05.pdf) This is just speculation. However, since visa numbers are likely to retrogress and there is a lot at stake you might want to call/visit the consulate and see if they will clarify your cancellation. You might want to consider hiring an attorney (such as Greg) to intercede on your behalf. However, I suspect that there is no mistake and you will likely have to wait till October to see when your turn will come.
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