According to the Americal Immigration Lawyers Association AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
* The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.

Looks like a firm decision cannot be made until July 2, 2007 when DOS comes up with a potential revised July 2007 Visa Bulletin.
Good Luck.

I cant even apply for first two days coz i am still waiting for my marrige certificate from nepal. Sontosh ji, can i apply 485 without marrige certificate for now and send it later. i have already done my medical.

I think you can apply now without marriage certificate if you don't have it. They will later ask for it as RFE. Only thing it does is delay the processing by some extent. It is just my thought.

just wanna make sure u know. coz if that is the case then i can apply on monday or tuesday if visa date remains current. i know u have to have mdeical report and birth certificate inorder to apply but dont know about marrige certificate

and i dont care about the delay of the case. i just want to do AOS if its possible.

I remember an Indian guy (who had pending I-485) was telling me that INS was asking for his birth certificate which he didn't submitted (actually he even did not have one) with the application. Most of the time, RFEs are related to asking for birth certificate, marriage certificate, etc. So, i am positive about it but not 100% sure.

thanks a lot makartnatra.

Guys are freaking out. I am kinda freaking out too. I have everything ready, not employment letter. I can't file till Monday. My lawyer tells me that I am safe because I am Nepali citizen. There is not gonna be any retrogression for Nepali ( other countries). I ain't worry now. Even if we get retrogresion, it's not gonna be for that long, as it was already moved to June 2005.

I read in murthy that they filing law suit as well. I will certainly participate on that....

peace

even i cant file on monday, i have to wait till tuesday or wednesday

Dates are current till now. let wait till tomorrow and see if they make any changes

How does this affect someone who is applying under EB2 category? Does this mean the application will not be approved until next year?

looks like all the category is affected by this.

all the categories will become unavailable.

UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past
month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected
action it has been necessary to make immediate adjustments to several previously announced cut-off
dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests
for Employment-based preference cases. All numbers available to these categories under the FY-
2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these
chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

what does this mean

can we still file 485 or not.All numbers available to these categories under the FY-
2007 annual numerical limitation
have been made available. . its confusing

No one can file any I-485 based on employment category. And even for already filed I-485 there will not be any approval till Oct, 2007 . Simply, it means we will not see any green card approval until Oct 2007.

Saan Dai

xbox,
What I understood is you cannot file now. You have to wait till Oct 1, 2007. If you want to take a chance, you can file, but the chance is they will return your application. There will be a law suit i think.

Very sad! I spent 800 bucks for medical checkup. waste of money! Sucks!

same thing here, i spent 600 dollars for nothing. and i am under eb3 and i know all the dates will go backward by October.

Medical will be valid for 1 yr. Let's hope for good. may be all categories will be current in Oct.