July 30, 2007
 

 

USCIS Issues Second Set of FAQs Regarding July Visa Bulletin

 

As previously reported, the United States Citizenship & Immigration Services ("USCIS") will accept employment-based adjustment of status applications for those whose priority dates are current under the July Visa Bulletin issued on June 12, 2007.  The agency will accept applications filed no later than August 17, 2007.  Recently, the USCIS issued a second round of FAQs regarding the July Visa Bulletin.  For the second set of FAQs in its entirety, go to http://www.uscis.gov/files/pressrelease/FAQ2.pdf.  The following clarifications are included in the most recent FAQs:

Receipt Date.   The receipt date for employment-based adjustment of applications filed between July 2, 2007 and July 17, 2007 will reflect the date the application was physically received by the USCIS.   Those who filed an I-485 between July 2, 2007 and July 17, 2007, but who have not received a USCIS-generated receipt notice, may include proof of delivery of the I-485 application in order to file advance parole and EAD applications.

Medical Examinations.  The USCIS will accept medical examinations completed by civil surgeons located outside the United States, so long as they are authorized by the Department of State.  Note, however, that applicants must be physically present in the United States when filing for adjustment of status.

Family Members.  A visa number must be available at the time of filing for adjustment of status.  Therefore, if a principal applicant with a current priority date files for adjustment of status between July 17, 2007 and August 17, 2007, any derivative family member must either also file during this time period, or wait until immigrant visa numbers become available at a later date.

Priority Date Retention.  An approved I-140 petition accords the foreign national beneficiary the priority date of the approved I-140 petition for any subsequently filed I-140 petitions on the foreign national's behalf.  As long as the initial priority date remains current, a subsequently filed I-140 and adjustment of status application may be concurrently filed until August 17, 2007, and the original priority date is retained. However, if the first I-140 petition remains pending with USCIS, the filing date of the labor certification submitted in support of the pending I-140 petition may not be used as a basis to request retention of the original priority date in order to file a concurrent I-140 and adjustment of status application between August 1, 2007 and August 17, 2007.

We will provide further information as soon as it becomes available.

 

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