ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Greg Siskind on Immigration Law and Policy

THE 13TH COMES AND GOES AND NO VISA BULLETIN

Rate this Entry

I can't remember the Visa Bulletin ever not showing up late, but that has happened for the August bulletin. And that leads me to believe that at least one of the options USCIS is considering to resolve the fiasco with the July numbers would have to do with the numbers in the Visa Bulletin. One option would be to make all the numbers current again in August since it is now apparent that the USCIS did NOT properly request visa numbers for July and there should still be numbers available for the fiscal year. That would be one of the less imaginative solutions, but it may represent the easiest way to avoid hearings and lawsuits.

Submit "THE 13TH COMES AND GOES AND NO VISA BULLETIN" to Facebook Submit "THE 13TH COMES AND GOES AND NO VISA BULLETIN" to Twitter Submit "THE 13TH COMES AND GOES AND NO VISA BULLETIN" to Google Submit "THE 13TH COMES AND GOES AND NO VISA BULLETIN" to StumbleUpon Submit "THE 13TH COMES AND GOES AND NO VISA BULLETIN" to Reddit Submit "THE 13TH COMES AND GOES AND NO VISA BULLETIN" to Digg Submit "THE 13TH COMES AND GOES AND NO VISA BULLETIN" to del.icio.us

Tags: None Add / Edit Tags

Comments

Page 1 of 3 123 LastLast
  1. steven's Avatar
    If August current, what about the applications filed in July, refile? And everyone will pay high fee?
  2. Greg Siskind's Avatar
    Good question. There could very well be a "correction" issued on the July Visa Bulletin and applications would be accepted again at the current fee. But who knows what the motivations of USCIS are and if this all comes down to the fee question, I have a feeling the pro-immigrant community will accept the higher fee. But who knows?
  3. legal's Avatar
    Greg, is it true that July applicants will need to refile, as their already submitted July applications will be used as evidence in the lawsuit defense?
  4. JG's Avatar
    I am among the victims of the July bulletin fiasco and I would be willing to accept the higher fee as a compromise. I already have a sunk investment of $5K from this month's mess alone, not to mention the acute anxiety and stress. I'm sure many of my fellow-sufferers will agree that we just want to get this done so we can move on with our careers and our lives.
  5. RM's Avatar
    If they want to accept applications, I REALLY want them to accept them in phases as per PD's rather than having everyone file at the same time. It would create a Mad rush again with medicals and everything.

    There are people from 2003 PD that still haven't filed. And I guess people with earlier PD's abviously should get preference.
  6. July filer's Avatar
    What would then happen to people who filed in July? I'm sure USCIS would take their sweet time and return those application after the August bulletin deadline.
  7. Soula's Avatar
    USCIS should have just staggered the dates for July, August and September. That way they could measure the actual number of visas remaining towards the end of the year. A measured approach like that would have created less havoc. They had three months remaining in the year and if they would see that by August many numbers were still left they should have then made everything current. I have no further comment except thanks to Greg for his posts and dedication.
  8. Anon's Avatar
    Greg, if the USCIS makes all categories current in August and receives hundreds of thousands of applications, won't that make visa numbers unavailable for the next few years? Will the visa number availability affect only EB2-India, China and EB3 or will it affect all EB categories (EB1/2/3/4/5) and will it affect all countries?

    Cuz if the quotas for the EB categories are strictly enforced, then EB2-India,China and EB3-all could be retrogressed for several years.
  9. chap's Avatar
    Is there a law stating that VB should be released by mid month?
  10. BHU's Avatar
    Its so evident all that is happening is the for the fee hike...As a compromise if we have to pay the hiked fee...will they be able to give us the freedom of PR duly without any more backlogs...
    Or the same old story...we have to get stranded again for years as many of them will be applying.

    Just a suggestion,

    Perhaps ,If they work out as per PD ,and not waste any visas here in after ,it shouldnt be a problem!!!

    Hope they come out for a good amicable solution.We are just hanging with hopes for a better state of life.
    Hope they understand.
  11. Mercedes's Avatar
    Cut this PD crap already! If the bulletin said 'Current' then PD doesn't matter. This is like saying only people who filed July 2 should get accepted. Many people lost their PD when changing jobs. PD is not fair either, and it's just a fallback solution so USCIS can regulate in-flow when there are backlogs. Also if they do it by PD, then people from developing countries (India/China EB-2 and EB-3) will suffer most. This isn't fair!
  12. TX's Avatar
    Anon, to answer your question......by merely filing an I-485 one does not take up a visa number. A visa number is only taken when the I-485 is approved, not at the time of filing. This is confusing yes, because at the time of filing a I-485 your visa number should be current, so it's a fair assumption that once you file, you reserve that number through your filing but it doesn't work that way. So even if everyone who can file does file in July or August, even those with PD dates of 2007, USCIS will still approve cases in the queue by PD dates or in future months will in fact roll back the PD dates so the earlier PD's are approved first. Greg, I'm not a lawyer, so please correct me if I misstated anything.
  13. may I suggest's Avatar
    USCIS might want to consider ALL of following suggestions to get out of the messs.

    1). Start accepting 485's in July. But in Phases from now until oct as per PD's. May be 1 year worth of applications every month would do.

    2). Remove Concurrent filing of 140 and 485, so only people with an approved 140 can avail #1. Bring back 140 PP if required starting Aug1'st.

    Doing this would do 3 things 1). help themselves because they can get the new fees 2). Help them get out of the mess gracefully 3) help the immmigrant community because they can file 485's
  14. RS's Avatar
    Greg, You think we can trust them this time with making dates Current in August? They would now have less number of applications to approve in 2 weeks than the 60,000 they did in month of June. What if they exhaust remaining few hundred or few thousand numbers by July 31st. By law they can clearly stop these applications without resorting to questionable practices. Would there be an assurance that this would not happen?
  15. In Immigration Limbo's Avatar
    Many people waiting to file do not have a PD. Not everyone waiting to submit their i-485 is on an H-1!! Sorry, but this idea won't work. People with who have already filed their i-140 and have a PD will be ahead of everyone else anyway, so it would be completely pointless.
  16. llee's Avatar
    There are two reasons I figured for the July VB fisco. The first one is of course the fee rise. Some one figured out there are maximum 750,000 files in July. This is hugh. Any more backlog for this? The answer is No. Averagely one benefician has 2.5 family members (include him/her self). So only 300,000 is counted toward annual visa number limit, creating two and half a year backlog, which is the same as what is happening right now.

    The second one is the job market impact. Imaging that if CIS releases 750,000 EADs. There are 300,000 new workers. (How to get this number. 300,000 already are applying for I485 for him/her self, 150,000 are kids, and the remaining 300,000 are spouses. The spouse are these 300,000 labor forces). I don't know how many new jobs are created every year, but 300,000 new labors will impact the employment rate, which is the reason that some senetors were involved in this July VB fisco according to some rumor.

    On the other hand, do you know how much new jobs are created because of high-skilled foreign workers? We should find it out.
  17. Jun's Avatar
    DOS and USCIS are now back to sanity...

    they are THINKING NOW BEFORE THEY ACT...

    that's good for all of us...what they did last June and July 1& 2 was an act of incompetence in terms of understanding the situation. Some geniuses in their offices thought out of the box leading to their failure. I hope they learned their lesson.


    They have a chance now to redeem themselves from these fiasco....they can come out now with clean hands by issuing August VB showing some 'priority dates' or 'current' whichever is best for all....
  18. mb's Avatar
    Greg,

    Just releasing a August bulletin will not be a good solution.
    Because then the applications filed already in July will have to be technically rejected and re-accepted in Aug. That would be a massive excercise. Also by making numbers current for whole of August they may get 2 times the number of apps that they would have got in July.

    I think they will release a "Update to the Update to the July Bulletin" along with the Aug Bulletin. The numbers will be current through end of July and Unavailable thereafter.

    They could also have retrogressed dates in the Update instead of making all categories current. However that will not help as the lawsuit will still be strong in that case.
  19. May I suggest's Avatar
    In Immigration Limbo,

    What does it mean some people do not have a PD. PD is determined either when filing LC or when filing 140. For those who do not need LC(NIW and nurses for example) they need to submit 140 to get a PD.
  20. Jun's Avatar
    Last June 12, DOS announced in the July VB that all categories in EB visas are 'current' except for 'other workers'.

    We learned later that there were 60,000 plus visas available at that time. Imagine, 60,000 visas exhausted in just a months time whereas they only averaged processing 8,000 per month for several years in the past!

    Now, to resolve the issue, USCIS (according to rumor) is returning the unused visas to DOS. Unused because they requested the visas too early than what was allowed. I can imagine that these unused visas can count to more than 30,000. The point is, if they still have more than 30,000 visas available, the August VB must show 'current' reverting back to the original 'July VB' which also says that visas are available until September.

    How about those who filed this July? I think what they have to do is to hold them for August receipt and retain the old fee.

    I cannot think of any other solution that can resolve this issue. Can you?
Page 1 of 3 123 LastLast
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: