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Dear Readers,
As many of you know, the USCIS issued July Visa Bulletin (#107) on June 12, which made current all employment-based visa numbers, thereby allowing people in those categories to apply for adjustment of status and obtain permanent residency. The USCIS then announced on July 2, 2007—the first day that July Visa Bulletin #107 was to go into effect—that it was reversing its position to make unavailable all employment-based visa numbers. The effect was that all those who thought their number had become current, were ineligible to apply for adjustment of status.
Today the USCIS once again reversed themselves and posted a memo making all those originally eligible under the July Visa Bulletin (#107) to adjust their status between July 17 – August 17, 2007. The effect is that all those originally eligible to adjust their status under the July Visa Bulletin issued June 12, are once again eligible to adjust their status.
On the employment-based side, this means hat everyone who has a PERM approval can currently file their I-140/I-485 petition/application (along with dependent children and spouses). This application is also filed with form I-765 allowed for work authorization and, if eligible, filed with form I-131 for ‘advance parole,’ which allows applicants to travel in and out of the country while their I-485 application is pending.
Also important for many is the ‘portability’ rule in AC21, which allows employees to port (switch) to another job with another company 180 days after the filing of their I-485 application.
Whether you are a company requesting HILG to begin the process of filing I-485 applications or concurrent I-140/I-485 petition/applications on behalf of employees , or an employee who wishes us to file on their behalf (pre or post I-140 approval), please do not hesitate to contact us below. Thank You.
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http://hilglaw.com/contactus.htm
Please Email us
___________________
Paul M. Heller, Esq. (Owner/Principal)
New Silicon Valley Office:
Heller Immigration Law Group, LLP
2479 E. Bayshore Rd., Suite 709
Palo Alto, CA 94303
Tel: 1.650.424.1900 x11; Fax: 1.415.276.9099
Email: heller@hilglaw.com; www.hilglaw.com (formerly: greencard1.com)
THE BULLETIN:
Office of Communications
July 17, 2007
Contact: Office of Communications
202-272-1200
2 comments:
Thanks for the clarification! Is this also applicable to Consular Processing for people living outside the US?
Unfortunately, after the I-140 approval, the the NVC sends the package to the appropriate U.S. Consulate - who notifies the individual when to come in for a visa appointment (only after the visa bulletin is current for their priority date); we'll see what happens, but my prediction (unless all of a suddent the USCIS becomes a genius!) is that after August 17 the categories will again become backlogged or unavailable. Those that took advantage of the ability to adjust (at least temporarily) will be able to stay there indefinitely and continue to obtain work authorization, and, if eligible, advance parole. Please read my latest blog!
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