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Greg Siskind on Immigration Law and Policy


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USCIS has just released another Q & A document with more information for people filing for the August 17th deadline. Here are the highlights:

Q - Which form I-485 is to be used for cases filed now?

A - Use the one dated "7/30/07 Y"


Q - Can you send in two checks on an adjustment - one based on the old fee and a second based on a new one?

A - USCIS will accept this, but cautions people against doing it because it will potentially result in mistakes and slow down the process. They remind customers that the old I-485, I-765 and I-131 still apply until the 17th.


Q - What if the original labor certification is not supplied with the I-140 petition such as if the original has been lost or previously filed with USCIS?

A - I'll quote on this because it's not written particularly well - "While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS."  So does this mean you can submit a copy when the original is either missing or submitted with a previous case?  Yes on the latter, but I don't think it's clear on the former. Does this mean a duplicate approval ordered from DOL or a copy? Not sure.


Q - For Schedule A cases, will USCIS accept concurrently filed cases after August 1, 2007?

A - Generally no. I-140s can be submitted, but for an adjustment to be filed, a priority date must have been established before August 1st, something that would not be possible since a priority date is established in Schedule A cases on the date the I-140 is filed.


Q - Where do you file the I-485 if the I-140 was filed before Direct Filing went in to force last month?

A - File at the appropriate direct filing service center with the receipt for the I-140 even if that receipt was issued by another service center. If you lack an I-140 receipt, put the following on a brightly colored sheet of paper:

TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.

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  1. S. Suri's Avatar
    For people who have filed between 07/02 - 07/30 with old fee, there is no way they could have used the latest version of form 485 effective from 7/30. USCIS should have been more clear in FAQ to mention the effective date after 7/30.
  2. Abhi's Avatar
    Hi Greg,

    I am single and planning to get married in India sometime this year end, filed I-485, I have my H1B valid till 2010. Can I use Advance Parole instead of going for Visa Stamping and come back to US and start working for the same employer. Do you see any issue while my wife goes for H4 stamping in consulate? In other words using Advance Parole does invalidate H1B status? Your answer and comments will be highly appreciated.

    Thanks in advance.
  3. g's Avatar
    Suri relax, it says previous editions allowed.
  4. Bridge1z's Avatar
    For people applying after Aug 01, 2007. Is form I485 "7/30/07 Y" mandatory?
    Since the text of the Q&A bulletin states "...The current I-485 form version dated "7/30/07 Y" should be used", rather than...MUST be used. What is your opinion on this topic?
  5. bittersweetdust's Avatar
    Hey guys.
    Im new to the forum.
    Ive been lurkin around and finally decided to join
  6. jelena-nanana's Avatar
    Hello to all,just joined the forum and to not be ghost user with no posts will post some USELESS joke

    "Smoking in the Rain"

    Two old ladies were waiting for a bus and one of them was smoking a cigarette. It started to rain, so the old lady reached into her purse, took out a condom, cut off the tip and slipped it over her cigarette and continued to smoke.
    Her friend saw this and said, "Hey that's a good idea! But, what is that thing you put over your cigarette?"
    The other old lady said, "It's a condom."
    "A condom? Where do you get those?"
    The lady with the cigarette told her friend that you could purchase condoms at the pharmacy. When the two old ladies arrived downtown, the old lady with all the questions went into the pharmacy and asked the pharmacist if he sold condoms. The pharmacist said yes, but looked a little surprised that this old woman was interested in condoms, so he asked her, "What size do you want?"
    The old lady thought for a minute and said, "One that will fit a Camel."

    poor,poor Camel
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