USCIS ISSUES FIRST ADVISORY ON INTERPRETATION OF VISA BULLETIN PRESS RELEASE

You can find the document at http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf.

Here is my quick take on it.

1. Those with priority dates after August 1st are not going to be able to file under the July Visa Bulletin if they try and file between August 1st and August 16th. Those with labor certifications certified AFTER August 1st will be able to file, however, since the priority date was established earlier.

2. I-140s filed after the new fees kick in later this month must be accompanied by the NEW filing fee of $475. But I-765 and I-131 application fees for work cards and travel documents will remain the same until August 17th (and, of course, so will the I-485 fee per the original press release). Applications with incorrect filing fees will be rejected. USCIS also now makes it clear that for I-485s, the pre-July 30th fee MUST be used until August 17th.

3. Failure to include an approved labor certification will be a ground for denying a petition.

4. Applications should be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the June memo on this subject.  Applications incorrectly filed at the California and Vermont Service Centers will be accepted until August 17th and forwarded to the correct service center, though USCIS warns that this could result in delays.

5. USCIS has REVERSED policy and will now accept an adjustment petition without a medical exam. Instead, it will issue a request for evidence and the exam can be submitted later.

6. Applications will be accepted up until the end of business on August 17th. Those arriving on the 18th or later will not be accepted.

7. USCIS will not resume premium processing for I-140s on August 1st and will issue a notice when it is ready to begin again.

8. To be eligible for three year H-1B extensions, it is not enough that one be unable to complete green card processing because of retrogression of green card numbers. Instead, the applicant for the three year extension must show that they are not eligible to complete process because of the per country limit (such as if they are Indian and applying in the EB-2 category).

9. USCIS admits that there could be delays in generating I-485 receipt notices depending on the volume of applications they receive.

10. USCIS will permit filing I-485s without the I-140 receipt, but people requesting such applications be accepted should put a "brightly colored" paper on top with the following text:

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.

Comments

[www.gatewayimmigrationservices.com]

USCIS has issued a notification on the travel issue for those who filed I-485 and has not received the receipt notice.

U.S. Citizenship and Immigration Services (USCIS) will publish a rule in tomorrow's Federal Register eliminating the regulatory requirement that applicants for adjustment of status to permanent residence have an original I-485 receipt when returning to the United States to resume H-1, H-4, L-1 or L-2 status. The change in the regulation will be effective November 1, 2007.

The current rule allows H-1, H-4, L-1 and L-2 nonimmigrants who have pending applications for adjustment of status to travel without advance parole if upon returning to the United States the H or L nonimmigrant: (1) remains eligible for H or L status, (2) is coming to resume employment with the same employer, (3) is in possession of an H or L visa, and (4) is in possession of the original I-797 receipt notice for the adjustment of status application.

The new rule will remove the last requirement – that the H or L nonimmigrant be in possession of the original I-797 receipt notice for the adjustment of status application. USCIS eliminated this requirement in light of the receipt issuance delay that resulted from the unprecedented volume of employment-based applications for adjustment of status filed in July and August of this year.

www.gatewayimmigrationservices.com

[thomas]

It's a grey area. But recent trend is the Customs and Border Protection is not enforcing the necessity of I-485 receipt notice.

www.gatewayimmigrationservices.com

[hemalatha]

hi greg,
i'm in h4 visa.my husband filled 485 by july 18th 2007 in nsc.we haven't received our receipt notice yet.but i have plans to travel to india by this october end.is it possible for me to travel to india without the receipt notice.

Greg - we are from Canada and filed our I-485 in July, how do we find out the specific waiting time for Visa numbers for the country limit rather than just the catagory of EB3?

[NB]

Greg,

Any updates from the USCIS on the issue of traveling without the 485 receipt while on a H1B visa ?

Thanks...

[Greg Siskind]

USCIS has not advised yet on traveling without the I-485 receipt.

[Priya]

Hi Greg.

Is it alright to travel without I-485 receipt. Is there a requirement that one should have received a receipt even while traveling on a valid H1-B visa.

[prem. pro.]

Greg,
Do you think that Premium Processing for I-140 will terminate completely or do you think that it will just be done for a short period of time to let USCIS sort through these AOS applications?
Thanks!

[VG]

If we file I-485 only (no EAD/AP) with the old fees, what fees would apply when we apply for EAD/AP later (say after 6-7 months)?

Applications for interim benefits (employment authorization and advance parole) will be processed prior to
final adjudication of the adjustment application and in accordance with USCIS standard procedures.

What does this mean??

Will the EAD and AP will be processed now or later when the VISA number become available.

[GC]

Applications for interim benefits (employment authorization and advance parole) will be processed prior to
final adjudication of the adjustment application and in accordance with USCIS standard procedures.

[Tian Xia]

Greg, great info. Here are two Yes or No questions:

1. I filed NIW 140, pending, I also filed EB1 140+485, pending, now, I am planning to file 485 for NIW 140, using the same A#, is that OK to have two 485 (fishy?)?

2. I am at the end of H1b 6 year limit, since everything is still pending (see above), I can apply for a 1 year extension, right?

thanks a lot

tian

[Henry]

thanks Greg for the prompt response. I think I should pay the new fee as "(my) application filed on or after that date (July 30th)".

[Greg Siskind]

Henry - From the USCIS FAQ from June on the fees:

"The new fee schedule will be effective on July 30, 2007. Applications or petitions postmarked or filed on or after that date will require the new fees."

[kanchi]

Hi Greg .Can you help me by clarifing about the Interim EAD's.Does local USCIS office issue them or do they not after the 90 day waiting period from the receipt date.Thanks once again

[shin]

Took my words back upon reviewing again. Sorry.

[shin]

SR,

As I understand this big colored note to the mailing room is for I 140 receipt notice and not approval notice.

Thanks

[sam]

when you mentioned labour cert. is required is that for i-140 or i-485 filling?

[Henry]

Hi Greg,

Thanks for the update. A quick question: If I mail my I140 overnight on July 28th, it will arrrive at USCIS on July 30. In this case, should I pay the new fee or old fee?

Many thanks.
Henry

[Greg Siskind]

I think it's likely you'll be okay, but obviously that's just a guess.

[SR]

Greg...thanks for this.

I am a july 2 485 filer, with a pending I-140 approval notice...just few days after that (july 6), I got the I-140 approval. Will it be a problem. Obviously, I did not attach that big colored "note to the mailing room".

[Greg Siskind]

I know the issue has been raised, but I've not heard if it is being addressed yet.

[AnyUpdate?]

Greg,

Do you know if there is any update on whether USCIS is planning to not enforce the "receipt notice needed to travel internationally" rule?

Thanks!