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.

Rajaharischandara,
Now, USCIS don't have any visa number. He can still file I-140 and wait till Oct 2007. If it becomes current than he can file I-485 it may take 6-12 months to approve that.

Saan Dai

USCIS Update
USCIS Announces Update on Employment-Based Adjustment of Status Processing
WASHINGTON—The Department of State has revised its July Visa Bulletin to reflect that all available employment-based immigrant visas have been allocated for fiscal year 2007.
As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to adjust status (Form I-485) filed by aliens whose priority dates are not current under the revised July Visa Bulletin.
U.S. immigration law limits the number of employment-based immigrant visas that may be issued each fiscal year.
-USCIS-
www.uscis.gov

I really didnot understand what it meant.
I have applied for my 485 and 140 together on July 25th 2007. I havenot recived my receipt yet. Could you please shed some lights on this aswell San dai!
Is this effective to those people who were about to apply or does it apply on my case also?

july 25th 2007, today is only 2nd july 2007

Sorry, I meant June 25th 2007

Haribansa,
Again, i think you should be safe in this matter, i think you filed EB2 before July 1. It's for anyone whose PD are not current. In fact, no1 can give you the fact answer... not even lawyers at this point. Best thing is wait and see. It should be affected to those who filed as of today.

I think all categories from now on will be rejected...

>>U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to adjust status (Form I-485) filed by aliens whose priority dates are not current under the revised July Visa Bulletin.

Yes, It was filed under EB2 and my visa number as per the attorney was current at that time. Thanks a bunch Batuwa! You are Brilliant. Hope everything works out!

This is really surprising, EB-1 world wide was open all the time. Now it is exhausted.
Does anybody know, whether we can file I-140 now and file I-485 when EB-1 gets current? Or it will be wise to wait and file both cuncurrently. Can we file I-485 when I-140 is still pending?What is the current approval time for I-140?

I got this message from my lawyer in this morning:

The Department of State this morning issued a revised Visa Bulletin that states effective immediately, ALL immigrant visa numbers in ALL of the employment-based preference categories will be unavailable for the balance of the current fiscal year, or until October 1, 2007. Given that the availability of an immigrant visa number is required to file or approve an adjustment of status application, this means that unless the State Department issues an amended Bulletin, IT WILL NOT BE POSSIBLE TO FILE ANY EMPLOYMENT-BASED ADJUSTMENT OF STATUS APPLICATION UNTIL THE NEXT FEDERAL FISCAL YEAR WHICH BEGINS ON October 1, 2007. Even once we meet this October date, the Department of State will quite likely impose cut-off dates in the employment-based worldwide quota as well as quotas for the traditionally oversubscribed countries of India and China, thereby making it at present impossible to predict when new adjustment of status applications can be filed.

Owing to the unfolding and unprecedented nature of this announcement, we do not know how U.S. Citizenship and Immigration Services (USCIS) will handle adjustment of status applications that are received today, which is the first day that an adjustment application could be received for processing under the July announcement. Our own office filed over 40 adjustment applications for delivery today and we have over 50 additional such applications in process which we had intended to file within the next few days. Unless we receive any notification to the contrary, we cannot file any new adjustment of status applications for the balance of this fiscal year, or until October 1, 2007.

I anticipate sending out to you a follow-up e-mail on how USCIS intends to treat adjustment applications that were filed today as there is still some hope that these applications will be accepted for processing by USCIS.

The State Department's revision of its previous announcement of visa number availability is the result of a spurt in adjustment processing (estimated at around 60,000 new adjustment adjudications) by USCIS over the past few days that has used up the remaining allotment of immigrant visa numbers during this fiscal year. Frankly, the timing of these events is suspect given that USCIS has held without final decisions literally thousands of adjustment applications for months and sometimes even years. I find it strange that this federal agency has suddenly processed cases in a manner that would effectively reverse a previously announced opportunity for thousands of foreign nationals, disproportionately from India and China, to file their applications in July. At present, my professional association is considering legal action to compel a more considered policy - including advance notification of any such sudden swings in filing policy - and frankly, I would hope that various Congressional and other oversight bodies would also become involved. While the United States maintains quotas on employment-based immigration levels, it is absolutely intolerable for federal agencies to act in such an imperious manner so as to disrupt the legitimate expectations of foreign nationals and their employers.

does it affect consular processing? Can we continue with consular processing if the priority date is current?

all the visa numbers are unavailable. so no you cant do consular processing till October or when dates will become current

What about those who already applied I-485 and receieved the receipt number. Do they also have to wait for October. And what about the I-765 and AP, which are already in process..Do they also stop processing them....

yes. if u have applied in june then they will accept ur application but even for that u have to wait till october for ap and ead. but if u have applied in 1st day of june then they will most probably reject that.

my lawyer is saying to godhead and file 485 even though it will be rejected. there will be a lawsuit and court might declare whoever file 485 on july can do AOS. Its better to stay safe. so do you guys have any thoughts about it.

???

I was told samething like xbox mentioned above.

I was told samething but he (my lawyer) also told not much will happen. The only thing is guys we got to wait october 1st no matter what. I am freaking tried of talking this matter. Buys day and night I am thinking bout it. I need to relax now.
Anyway good luck and hope the thing XBOX mentioned come true!!!!!!!!!!!!!!

so what u guy decided. file 485 now or wait till October. My lawyer is saying he wont double charge me if i have to file again on October or whenever dates become current. i am still thinking.

go ahead and file now. There is no harm ...

Saan Dai

If the I485 that we file now gets rejected can we still file in on October? Does anyone know what the backlog for October visa bulletin is? availability Vs Applications