Visa Lawyer Blog

According to ilw.com the biggest immigration law publisher online, USCIS’s immigration forms page [last visited 07/31/07, 3pm ET]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

states that Form I-129F Fiancee Petition and Form I-290B Notice of Appeal require the new 7/30/07 version and that all previous versions will be not accepted (the I-765 Form now states that previous editions are accepted).

We were really busy this past week trying to get our cases filed before the July 30th deadline. It’s funny that as the dead line was approaching last minute filers were calling our office and seeking last minute service. We took cases all through Thursday and were able to file the last cases by Friday night.

As were were rushing to file cases before the deadline, the big mystery was as to the correct deadline. Some lawyers were reading the rule as filed by Friday the 27th or pay the higher fees, others were reading the rule as postmarked. But what about private courier like Fedex, they do not postmark?

The answer came on Friday the 27th with a quick press release by USCIS, among other questions, the following was stated:

USCIS issued today Q & A memo about the adjustment filing procedures in the next 30 days or so under the July visa Bulletin.

All Labor Certification exempt applicants (Nurses, NIW’s etc.) must file I-140’S by the end of the week. All other cases can do so by August 17, 2007 as per USCIS memo.

Those with priority dates after August 1st are not going to be able to file under the July Visa Bulletin if they try and file between August 1st and August 16th. Those with labor certifications certified after August 1st will be able to file, however, since the priority date was established earlier.

We are getting ready for numerous filings this month so be patient with the email responses…..

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In the past few weeks the Visa Bulletin mess was all over the news. I was featured on Channel 10 news in a detailed report about one of our clients, and how this problem is destroying his future in this country. We had various reporters call us for interviews. The media frenzy and the attention worked….

After the relief announced by USCIS and DHS with regards to the July visa bulletin, it is now time to thank all those who have made this relief possible and made it possible for applicants to go to the next step in the legal permanent residency process. Organizations like Immigration Voice and others that worked hard to bring out the problems that the visa delays cause immigrants that are trying to go through the process legally.

We now know that you have the power

Business week reports that Congressional leaders have begun to discuss legislation that would sharply increase the number of high-skilled foreign workers who could become permanent U. S. residents in the next few years.

Read this article here

News of a resolution to Visa Bulletin mess has been floating since last week. However, no press release has yet been issued by USCIS. That is until a few hours ago….

So this is what happened today. The U.S. Department of State (DOS) issued the August 2007 Visa Bulletin late in the afternoon of July 17, 2007, showing “unavailability” in all the employment-based (EB) categories. The DOS also confirmed that they are withdrawing the July 2, 2007 revised Visa Bulletin, so that the original July 2007 Visa Bulletin stands. This means that any employment-based applicants and their family members must file the I-485 under the July 2007 Visa Bulletin, since there are no more visa numbers in the EB category available from August 1st onwards, for the rest of this fiscal year until at least Sep 30, 2007.

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When Microsoft made what appeared to be a minor announcement recently that it would expand its Canadian operations with the creation of the Microsoft Canada Development Centre for software development based in the greater Vancouver, British Columbia, I thought what a way to protest on the failed Immigration Reform Bill.

Gates and his team were among the leading supporters of immigration reform and increase in H1B visa numbers. When the Senate failed to pass the Immigration reform Bill or at least give it a chance to proceed, the Sofware giant protested by taking action, moving operations and jobs abroad, to Canada. Make no mistake about it. That programming group Microsoft will set up in Vancouver won’t be staffed with many Canadians … you’ll find that the programmers in that group will be mainly people on work visas, not Canadian citizens or permanent residents.

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Journalists, reporters, Bloggers and other Media outlets keep calling my office trying to get an explanation as to what happened in July when the new Visa Bulletin was revised, and why is it such a big disaster.

The U.S. State Department surprised the immigration law community, employers and employees alike, in June of this year when it announced that employment based visas would be “current” as of July 1, 2007. They announced this via the Visa Bulletin that is published monthly by the State Department. The fact the The Visa Bulletin was current meant that thousands of applicants finally would be able to file for employment based immigration benefits, some of them after having waited six years or more for backlogs to clear.

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USCIS keeps surprising us all. Effective July 2, 2007, USCIS has temporarily suspended premium processing service for the Immigrant Petition for Alien Worker (Form I-140). USCIS said it anticipates a substantial increase in the number of petitioning employers that will file such petitions because of “pent up demand for preference visa categories.” The volume of I-140 petitions file that request premium processing service is expected to exceed USCIS’s capacity to provide the service, which guarantees that within 15 calendar days of receipt of a petition, USCIS will issue an approval notice, a notice of intent to deny, or a request for evidence, or will open an investigation for fraud or misrepresentation.

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Boy, what nice news to start the week with? USCIS announced this morning that, effective today, it is rejecting all employment-based adjustment of status applications where the priority date is not current under the revised visa bulletin. See Visa Bulletin Link USCIS Service Center Operations has advised AILA lawyers that it will be rejecting ALL employment-based adjustment of status applications received beginning today.

So, Do I Keep Filing?

Many clients have asked whether they should keep filing employment-based adjustment applications in light of today’s announcement by the Department of State

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