Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is
lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification
application if the approved labor certification application is not submitted
in connection with the filing. USCIS will not accept a concurrently filed
Form I-485 if the required Form I-140 is rejected for lack of an approved
labor certification application.
Q2: Will USCIS reject an application for missing or incorrect filing fees?
A2: Yes, in accordance with standard procedure and applicable regulations,
USCIS will reject any filings submitted with incorrect filing fees.
Q3: Will USCIS reject an application for a missing signature?
A3. Yes, in accordance with standard procedure and applicable regulations,
USCIS will reject any filings that do not contain required signatures.
Q4: Will a concurrently filed I-140/I-485 be rejected if filed with an
incorrect I-140 or I-1485 fee?
A4. USCIS will reject any filings submitted with the incorrect filing fees.
Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the
Texas Service Center in accordance with the Direct Filing Update issued June
21, 2007.
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service
Centers. However, through August 17, 2007 only, employment-based adjustment
applications filed at the California and Vermont Service Centers will not be
rejected and will be relocated to the appropriate Service Center. Filing at
the wrong location could result in processing delays.
1 USCIS may issue future “FAQs” on this topic for the benefit of the
public, should additional questions arise. Such FAQs will be dated and
numbered for ease of reference.
Q7: Which fees apply to I-765 and I-131 applications associated with AOS
applications filed on or after July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will
remain in effect for those aliens eligible to file an employment-based
adjustment of status application pursuant to July Visa Bulletin No. 107.
These fees will remain in effect for all such applications filed between
July 17 – August 17, 2007.
Q8: What is the correct fee for concurrently filed I-140s filed between July
30 and August 17?
A8. The new fee applies to Forms I-140, whether or not concurrently filed
with an employment-based adjustment application, that are filed on or after
July 30, 2007. That fee is $475.
Q9: Will customers eligible to file adjustment applications under July Visa
Bulletin No. 107 have the option to pay the NEW filings fees in connection
with adjustment applications filed on or after July 30, 2007 and on or
before August 17, 2007?
A9. No, customers will not have the option of paying the new filing fees for
adjustment applications. USCIS has determined that aliens in employment-
based categories filing applications pursuant to July Visa Bulletin No. 107
should be subject to the pre-July 30, 2007 fees as that fee schedule would
have applied had aliens been allowed to file throughout the month of July.
Q10: Will USCIS accept employment-based adjustment of status applications
under July Visa Bulletin No. 107 if the priority date is August 1, 2007 or
later?
A10. No.
Q11: Will USCIS accept adjustment applications under July Visa Bulletin No.
107 if the priority date is before July 31, 2007, but the certification is
granted after August 1, 2007?
A11. Yes, USCIS will accept such cases provided they are submitted by August
17, 2007.
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31
when a labor certification is not required (i.e. priority date is
established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens
with a priority date on or after August 1, 2007; however, pursuant to August
Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment
of status applications filed by aliens with a priority on or after August 1,
2007.
Q13: Can applications be filed without a required medical examination report?
A13. Yes. Consistent with its current regulations and practice, USCIS will
accept adjustment of applications filed pursuant to Visa Bulletin No. 107
without a completed medical examination. In such cases, USCIS will issue a
request for evidence.
Q14: USCIS’ July 17, 2007 press release stated that USCIS would accept
applications filed not later than August 17, 2007. Does this mean
applications delivered on August 17, 2007 will be accepted but those
arriving August 18, 2007 will be rejected?
A14. Yes
Q15: How long will aliens have to wait for their employment-based
applications to be adjudicated?
A15. Applicants should monitor the State Department’s visa bulletin to
determine whether a visa number is available based upon their individual
priority dates. There are annual statutory limitations, thus some aliens may
have to wait a significant period of time, perhaps years, before visa
numbers become available.
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.
Q16: When will premium processing of Forms I-140 be reinstated?
A16. Premium processing of Forms I-140 has been suspended until further
notice. USCIS will publish any updates on the availability of premium
processing for Forms I-140 on its website.
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-
year H-1B extensions) during a period in which AOS applications could be
filed?
A17. USCIS interprets AC21 §104(c) as only applicable when an alien, who is
the beneficiary of an approved I-140 petition, is eligible to be granted
lawful permanent resident status but for application of the per country
limitations. Any petitioner seeking an H-1B extension on behalf of a
beneficiary pursuant to AC21 §104(c) must thus establish that at the time
of filing for such extension, the alien is not eligible to be granted lawful
permanent resident status on account of the per country immigrant visa
limitations.
Q18: Will there be any delays in processing applications received as a
result of the July 17 notice reopening the filing period for employment-
based adjustment applications under the July Visa Bulletin?
A18. Depending on the volume of applications received, there may be some
delay in the issuance of receipt notices. Processing times will be updated
on the USCIS web site.
Q19: What procedures should be followed when filing an I-485 application
based on a pending I-140, when the petitioner has not received a copy of the
I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797
receipt notice for a previously filed Form I-140 are advised to put a
brightly colored sheet of paper on top of the filing with the following
notice and information: 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.