Update to the NewsFlash Below Click here for NewsFlash
Posted Jun 30, 2007, 2:00 p.m. ET
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We know the news of the potential changes in the July Visa Bulletin has been spreading through the immigrant community, and generating many questions. Following is a brief explanation of what appears to be happening, and some guidance as to where this might lead.
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Why this Unusual Behavior?
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We think that, apparently, the reason for this strange unfolding of events is that, by completing adjudication of an unprecedented number of I-485 cases, the USCIS is pushing the DOS to issue a revised Visa Bulletin early next week. The goal of USCIS appears to be to make the immigrant visa numbers "unavailable" as early as possible by exhausting the entire visa numbers for fiscal year 2007 (until Sep 30, 2007). There is a lot of speculation as to the reason for this, including that the USCIS does not want too many I-485 cases to be filed while they are trying to clear their backlogs and that they want people to pay the substantially higher USCIS filing fees that will take effect from July 27, 2007 onwards. What ever the reason, we believe their actions are not acceptable and are in violation of the law.
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USCIS Action Would Violate its Precedent and its Own Regulations
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If the DOS issues a revised Visa Bulletin, and the USCIS uses that revised Bulletin as the excuse to reject all employment-based (EB) cases, then it violates their own precedent for over half a century and it is a violation of the USCIS's own regulation to accept cases during the month that the DOS Visa Bulletin shows visa number availability. Nothing like this has ever happened before June 2007. It is an alarming development, which must be addressed.
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If No Change
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If nothing changes next week and the DOS and USCIS decide to continue business as usual, then one all can continue to file during the month of July 2007. This has been the traditional position historically with the USCIS in accepting I-485s during the month when the Visa Bulletin shows availability for the month. This means that, historically in this situation, a person was allowed to file an I-485 for all eligible family members and obtain the EAD and AP based on the I-485 filing, as long as the case reached the USCIS on or before July 31, 2007.
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If USCIS Rejects I-485s Filed in July 2007
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If the DOS issues the revised Visa Bulletin and the USCIS uses that as the reason to reject I-485s, then the only remedy will be a lawsuit against the USCIS. The American Immigration Law Foundation (AILF) has already been authorized to file a lawsuit and is looking for class action plaintiffs. In order to sue, a person needs to show that s/he was harmed by the actions of the government. This likely will require the person to file the I-485 so that it reaches the USCIS during July 2007, then the person must show that the USCIS rejected that package improperly. The person may also need to show the harm suffered, financial and otherwise; for example by the person and family members not being able to work with the EAD.
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What Can One Do in the Meanwhile?
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There are two things one can and should do at this stage.
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1. Go about collecting documents to prepare the case for filing, as usual.
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2. Read the provided information from AILF and educate oneself on the lawsuit, what it means, and what is required to become a plaintiff, should this become a reality. Please only read to become familiar - do not submit.
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VISA BULLETIN / VISA AVAILABILITY LITIGATION : AILF
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FAQs about participating in possible lawsuit
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Questionnaire for potential plaintiffs
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The Murthy Law Firm has been a strong supporter of AILF for years now and we are pleased that they have been proactive so promptly to help thousands of affected people and families.
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Please watch for updates from our office. We are working day and night to stay on top of things, as new developments arise.




NewsFlash! DOS Expected to Revise July Visa Bulletin
Posted Jun 29, 2007
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We have received news from the American Immigration Lawyers Association (AILA) that they have reliable information that the July Visa Bulletin will be revised on Monday, July 2nd, or Tuesday, July 3rd. This Visa Bulletin is expected to retrogress many of the categories that were announced as being "Current" for July. It is expected that at least some of the categories will become completely "unavailable." The reason for this is that the USCIS apparently engaged in extraordinary efforts to approve cases in June, once there was some forward movement of the Visa Bulletin. They did this to try to avoid the tide of cases expected in July. Each green card approval uses one visa number. If the numbers are all used for the year, then the DOS will issue a revised Visa Bulletin reflecting "unavailable" in the particular category or categories.
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DOS Input
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While there is no 100 percent assurance about this matter, we at the Murthy Law Firm were given a 95-98 percent confirmation of the expectation regarding the Visa Bulletin by a very reliable source. The most vulnerable categories, of course, are those that are typically the victims of retrogression: EB2 and EB3 for India, China, and (potentially) Mexico. If this unprecedented action should occur, it will mean is that the USCIS will reject I-485 cases based upon the anticipated Visa Bulletin revision, if it should, in fact indicate that visa numbers are not available in a particular category.
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Legal Fight Brewing
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There is substantial legal wrangling ongoing because of the anticipation of this unprecedented occurrence. The American Immigration Law Foundation (AILF) has announced plans to file suit against the USCIS for any cases rejected due to a revised Visa Bulletin.
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Conclusion
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It is difficult to formulate words in reaction to this matter. So, for the time being, we will let our clients and readers know that our full sympathies are with them, as they anxiously face the unknown, preparing for potential disappointment once again. We also let them know that we have been long-time supporters and contributors to AILF and we will fully do our part to fight what comes.
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Please return to this page for updates on this topic.