July 5, 2007

RETROGRESSION AGAIN - USCIS WILL REVISE THE JULY VISA BULLETIN

After the July visa bulletin was issued a few weeks ago indicating that many employment based categories were current, USCIS THEN started to process a significant number of 485 cases (mostly in the month of June). In fact, it addressed so many, that 60,000 VISAS WERE EITHER USED AND/OR OTHERWISE SEPARATED FOR USE BASED UPON THE EXISTING BACKLOG OF 485 APPLICATIONS. THEREFORE, and as of now, no more visas are available.

THE JULY visa bulletin will be revised and updated soon.

EFFECTIVE JULY 2, USCIS HAS indicated that there will be no further authorizations in response to requests for employment-based preference cases. Furthermore, USCIS has indicated that employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

As most people know, unless your priority date was already current, the earliest that anyone could file a case pursuant to the information in the July bulletin, was July 2 itself. Our office (and most other attorneys) will continue to file cases for those people who have returned all information to our office, JUST IN CASE THERE IS A MIRACLE. Furthermore, and as of updating this article at 2 pm on Monday July 2, the actual bulletin continues to show the relevant categories as still being current.

***We are hopeful that most of those people, who filed cases because they became current under the June bulletin, will get visas. At minimum, your cases would at least be received.

***SHOULD YOU STILL PROCEED WITH YOUR 140 AND/OR 485 FILING?

The American Immigration Law Foundation is preparing to file litigation against the USCIS for its mishandling of this situation. The class of people that MAY HAVE the best chance to get any relief under this litigation, will be those whose applications were filed and thereafter, rejected or returned.

THEREFORE, IF YOU WISH TO PROCEED WITH YOUR FILING IN LIGHT OF THIS INFORMATION, PLEASE CONTACT US AT INFO@ILAWUS.COM AND LET US KNOW.

***OUR CLIENTS

We will not know if your case will be returned/rejected or accepted for some time. We will let you know as soon as we have any information.

***LEGAL FEES ON CASES THAT ARE RETURNED/REJECTED

FOR OUR CLIENTS’ CASES THAT GET RETURNED/REJECTED BECAUSE THERE ARE NO MORE VISAS AVAILABLE, WE WILL ONLY CHARGE A SMALL FEE WHENEVER WE ARE ABLE TO REFILE 485 CASES, TO COVER UPDATING OF INFORMATION AND REDOING FORMS, AS WELL AS FOR ADDITIONAL COURIER COSTS. YOU WILL NOT BE CHARGED THE FULL LEGAL FEE AGAIN.

***USCIS FILING FEES ON CASES THAT ARE RETURNED/REJECTED

USCIS FILING FEES AND RELATED CHECKS/PAYMENTS WILL BE REFUNDED IMMEDIATELY, FOR ANY CASE THAT IS RETURNED/REJECTED.

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