   
Rajusk
Legend Username: Rajusk
Post Number: 34340 Registered: 02-2008 Posted From: 170.74.56.83
Rating: N/A Votes: 0 (Vote!) | | Posted on Monday, November 24, 2014 - 11:29 am: |
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Thokkalohdi:
most relevant info ide : Question 1: IV said that the system will allow filing Adjustment of Status when the visa number if no available. But there is no mention of this on USCIS Website Answer 1: Filing Adjustment of Status when the visa number is not available will require change in regulation. That is why this is not part of what is not available online, but we believe that it will be soon. Every fix that is being made has not been fully announced. IV have been advocating for this change since 2006. Question 2: Then what is IV's source of information? Answer 2: White House conducted briefings on 20th November prior to making the announcement about the Executive Action. At two (2) of these briefings, IV learned about this fix 'to allow filing Adjustment of status when the visa number is not available'. Question 3: What is the timeline for this fix? Answer 3: Usually regulations take 8-12 months. However, since this is priority of the President, this regulation is expected to take effect within 6-7 months. We shared this information about the timeline with the initial announcement on the 20th November. Question 4: Why does it 6-7 months long time to do this regulation? Answer 3: Federal Regulations have its process. If you are interested then here is a information available on FederalRegister.gov Apart from this process, DHS and USCIS will also undergo internal process change, change in the forms, internal publications, training of personnel, new hiring background checks and new hire training of the staff and many other logistical aspects to implement the change. This is applicable to any change in the process. Even when a bill passes the Congress, the effective date of any change is always a future date, usually from next fiscal year of the Agency that allows the agency the time to restructure train and adjust systems to implement the change. So 6-7 months is a short and quick time when you look at amount of background work needed to implement change at the agency level. Question 5: What will be fixed in regulation? Answer 5: Regulation will define the meaning of ‘Immediately available’ visa number as mentioned in 1255(a). It will then make it possible to allow filing adjustment of status (I-485 application). |