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Greg Siskind on Immigration Law and Policy

WHAT IT MEANS

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The August Visa Bulletin showing all categories being unavailable is CORRECT. However, USCIS is going to accept applications under the now revised again July bulletin until August 17th. So when you file in August, you'll actually be filing under the July bulletin. Confusing, yes, but good news.



Applications already filed will be continue to be accepted and the fee increase will not apply so you can pay the pre-July 30th fees through August 17th for I-485s. The  fee schedule will, however, still apply to other applications. 



No word on medical examinations, but obviously the extra time will help those unable to get appointments with doctors. If your case was rejected, you should simply go ahead refile. If your case was filed and held by USCIS, you should not need to do anything further. As the Visa Bulletin has been corrected for July, you should be able to file adjustments immediately.

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  1. Greg Siskind's Avatar
    I'm now going to take a break, swim, get dinner and come back to answer questions.
  2. Raj's Avatar
    Awesome !.. Thanks for yr good work Greg. You deserve the break :-) Thanks again....
  3. 's Avatar
    Greg: are you hearing anything about legislative (recapture) or procedural (FBI namecheck) changes to further streamline this process?
  4. Legal and waiting's Avatar
    Greg, would the EB numbers be unavailable in August for the purposes of H1 extention? I was wondering if I could get three years instead of one on mine...
  5. 's Avatar
    GREG THANKS FOR YOUR SUPPORT THROUGH THIS ORDEAL
  6. 's Avatar
    Thank you very much! Greg.
  7. kanchi's Avatar
    Thanks so much Greg for your continous support and updates!!!
  8. Pending LC's Avatar
    Greg:

    This is really very very bad news for me. I am a month or so away from my LC. If 100,000 H1b's from India file in July what will happen to those of us who are from India? There are only 2803 India visa numbers in EB3? Will India EB3 category become permanently unavailable? Please try and have the AILA protect our interest!
  9. engineer's Avatar
    I believe they will just allow for filing for concurrent i140 and 485 or just 485 (if your 140 is approved). you will be able to get EAD and AP.

    But getting actual green card..that is still an issue..becuase VISA # are NOT Available. It will become available in FW 2007 (starting Oct 2007) and it will be given based on either PD or receipt notice...

    Or may be they have ALLOWED USCIS to re-capture un-used visa # from previous years ?

    Does someone have any insight ?
  10. Illinois_Alum's Avatar
    Recapturing unused Visa numbers requires approval from Congress & Dubbya. So that cannot happen right now. This should be the next task for IV/Greg/AILA etc..

    So guys lets rejoice for today but then tomorrow lets get back to IV/Greg or any group that you believe in and start working towards getting the law changed regarding unused Visa numbers. When we are done with that, then we can again rejoice for a while and then again start working towards getting the per country limits removed....
  11. Neel's Avatar
    Greg,

    Thanks for all the information that you gave us during this trying time, GOOD JOB!!!
  12. 's Avatar
    AND SO IT BEGINS....new processing times updated on USCIS show retrogression from prior updates and now back to Aug 2006, and this is without the 500k plus applications about to come in!
  13. sas's Avatar
    Is there a condition that the persons filing will have to have an approved labor as of july 30 , to file for this? . I mean if some one gets perm approved in 1st week of AUG , is he allowed to file under this change (although his pripority date was not current in july)
  14. stillw8ing's Avatar
    Greg,
    Awesome job! I commend you and am greatly indebted for your dedication and loyalty to the immigration community!!

    Two quick questions. What do you think will happen to applicants whose PDs were current pre-July 2007 but not current as of August? Any noise regarding the availability of Premium Processing for I-140 going forward? Thanks for so much!
  15. SOA's Avatar
    My lawyer just filed my I140 today even though I asked him to hold it until August bulletin comes out. So concurrent filing has become impossible for me. I understand you need I140 receipt number to file I485. My question is: 1) How long does it take to receive I140 receipt number these days? Does it take longer than 3 weeks? 2) Is there any alternative in case I do not have I140 receipt number until August 15? Please kindly advise... Thank you...
  16. GB's Avatar
    Greg, you did awesome to update us the forefront news. Thank you from my heart!
  17. 's Avatar
    NOW I CAN GO BACK TO WORK AND HAVE A GOOD NIGHT SLEEP. GOD IS GREAT!
  18. karachi's Avatar
    Yeah... This is very bad for India and China. Considering that probably 80% of these applications are Indians/Chinese, I expect India/China to be "Unavailable" in the next few years, and ppl who apply now will take many years too if they from I/C.

    Probably not very bad for Pakistan EB-3 which is very good news. I hope government will increase Visas for everyone so it will be even fast for World EB-3 (now it's unacceptable to even have any retrogression for countrys with very small populace). But it's good they have country caps to keep diverse and prevent discrimnation to small countrys.
  19. RAJ-IMPORTANT QUESTION.'s Avatar
    Hello Greg,

    Mine is a substitution case. I have filed my I-140 but do not have my Receipt as-yet. Can I go-ahead and file my I-485/EAD/AP without the I-140 Receipt. Please let me know. Thank you.
  20. Illinois_Alum's Avatar
    SOA - You dont need the I-140 receipt number or anything to file for I-485.

    I believe that you can write Awaiting Receipt for the I-140 # field on the I-485 app. ABut I aint 100% sure about this - Greg would be the best person to answer here..
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