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Greg Siskind on Immigration Law and Policy

USCIS OFFERS FURTHER CLARIFICATIONS ON ADJUSTMENT FILINGS

Rating: 2 votes, 5.00 average.

Just posted. Here are the highlights:



Applicants who filed adjustments between July 2nd and July 17th do not need to have a receipt in order to file for advanced parole or employment authorization if they provide proof of delivery of the I-485 application.



Applications received between July 2nd and July 17th will receive receipt dates based on the day the applications were physically received.



Medical exams completed abroad by State Department-approved doctors may be submitted in lieu of medical exams conducted by USCIS-approved doctors.



E-Filed I-140s received on July 31st will receive a July 31st priority date even if the supporting documents arrive at a late date (there's a seven day limit).



A receipt notice from a courier service (like Fedex) will constitute a "post-mark" for fee determination purposes.



Individuals who fell out of valid nonimmigration status between July 2nd and July 16th as a direct result of the inability to file for employment-based adjustment during that time will likely be forgiven for the short gap in status based on USCIS' discretion to consider extraordinary circumstances beyond the alien's control.



Applications must be properly signed (i.e. representatives cannot file applications at the last minute without the client's signature)



Family members MUST file adjustment applications before the August 17th deadline or wait until visa numbers become available again (presumably many years later in certain categories).



There are some other items covered such as substitution cases that I'm not describing here, but are worth reviewing if you're in that category.

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Comments

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  1. Just wondering's Avatar
    Does anyone know why the Texas processing center is so far ahead of Nebraska? It seems unfair that depending on where you work, you may get your I-140 approved up to 4 months earlier, and your EAD and AP at least a month earlier. Why is there no effort to balance the workload so it takes about the same time for everyone, regardless of where you work?
  2. Satish 's Avatar
    Proof of delivery ? Can I just include my fedex same day delivery tracking number when I file for AP and EAD. My lawyers office did not file for AP and EAD as they had huge volume of cases over the June 30th weekend. Greg any inputs on how this is gonna work?
  3. Chandu's Avatar
    "Applications received between July 2nd and July 17th will receive receipt dates based on the day the applications were physically received."
    If My application was delivered on July 2nd, does it means AC 21 comes into effect 180 days from July 2nd?

    Thanks,
    Chandu

  4. ODSNK's Avatar
    Hi Greg,

    I am unable to find cleat answer on following scenario: Can a person work on OPT with AOS filed?

    Thanks.
  5. here it is's Avatar
    I am not lawyer. Yes he can work on OPT as far as I know.
    Even though he applied AOS ,a person can be on the same status as he is at time of filiing of 485 till it expires or till he leaves country (in case of F1/B1) or till he uses EAD of I-485.
  6. 's Avatar

    I actually think Nebraska is ahead of Texas in sending receipts for June/July applications. THey're processing June 29th applications while Texas is still at the June 22nd application based on what I saw on Trackit.
  7. Alfredo's Avatar
    How do I know where I should file I-485? My company is headquartered in California but I live and work in a Connecticut branch. Is it Nebraska or Texas?
  8. Alfredo's Avatar
    Why did people file in Texas at all? Aren't these directions supposed to take effect after July 30 (and become mandatory after August 28)?
  9. 's Avatar

    If a I-485 is rejected due wrong fee, would it be accepted later honoring the original receipt date?
  10. In Immigration Limbo's Avatar
    OK, I finally figured out what you meant by tracking receipt dates on "trackit". Anyone else interested in following this can go to:

    http://www.trackitt.com/usa-immigration-trackers/i485-tracker1/

    If you sort by application mailed date, you can go back to see when people are starting to get receipts. Looks like June 28th for Nebraska. That would probably be before the July rush, which most likely would have started on the 29th of June.
  11. 's Avatar
    Greg:
    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her representation for this particular case, and would mail the AP approval directly at our home address.
    I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
    Please reply. Thanks a lot.

    Dude
  12. Christopher Teras's Avatar
    I do not understand the reference to July 31 I-140 e-filing. Isn't July 31 the new maintenance day?

  13. mkay's Avatar
    Hmm. Seems like everybody and their grandma are trying to get free legal advice here...
  14. Sal's Avatar
    My mom had a valid H1-B that expired 2 years ago. She is currently an overstaying alien who works as a stay home nanny in NY. I am a US citizen. What are my options for getting her status "legal?"
  15. Pal's Avatar
    My grandma-in-law overstayed her tourist visa and now works for me as a stay-at-home cook. I'm a US citizen. How do I legalize her?
  16. In Immigration Limbo's Avatar
    I wish that trackitt website allowed people to log when their checks had been cashed. Has anybody who applied for the July AOS had their checks cashed yet? I wonder how long it normally takes?
  17. Junior's Avatar
    I am an Asylee living in Minnesota and I mailed my I-485 application at the end of Jul 2007 to the Chicago Lock Box before to new fee increase went into effect. I later realized I was supposed to send it to Nebraska instead. Now, will this mail be returned to me? and if it is returned will I be eligible to pay the old fees by presenting the envelope of my returned mail showing that it was originally postmarked before August 2007?
    Also why is it taking too long for them to get back to me?
    Thanks,
    Junior
  18. Nisha 's Avatar
    Nisha:

    I filed a I485 form last november, I was told it takes approxiamately 8 mths to be processed. About 2weeks later I recieved a 797-Notice of action saying it was being processed. Every month after that I continuely check the status and i was told it was being processed. Then in August of 2007 I filed my I765 for employment status to be changed, 2weeks later i received a later saying it was denied because my I485 form was rejected 4mths ago march, but I never received any letter saying why. Then, I got an email saying it was rejected because of a "Bounce Fee" meaning the check/money order was not approved so I was told to resubmit a new I485 form or package but the I130 was approved no need to resubmit this but everything else. My question is since the medical form is good for 18mths must i resubmit that too? or just pay the fee of the I485 even if its too late?

    Thanks
    Nisha
  19. Olivia's Avatar
    JUNIOR
    Hi Junior. I have the exact same problem as you! My application was returned and since it was postmarked before July 30th, I amgoing to send it to the correct address and hopefully they will process it with the old fee schedule. (My check was stamped by Immigration and am not sure sure what that means?? anyone??)
  20. Sara's Avatar
    My I140 was filed in Oct. 2007, and my husband and I filed our I485,I765 (approved and cards received) and AP in late Oct. to NE but then was transferred to TX. In Jan. 08 I received a notice saying my check for I485, I765 and I131 bounced. I contacted my bank and provided USCIS with cancelled checks. Also disputed it with the Finance Center. Now in March Finance center said they update the system, paying shows in full, HOWEVER on 2/5 I got a notice to say that the case was rejected for bounce check, but I have not received anything. I wrote a letter to the CPAU Supervisor in Texas explaining that I disputed the bounce check and now the Finance Center fixed it. What is the process for cases like this? Should I wait to see if my case continue anyway, or do what else? I765 still shows approved online, but I485 shows rejected. How long does it take for them to update the system in USCIS and what do I do.
    Please advise, thanks
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