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| July 30, 2007 | ||
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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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