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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 08-08-2007, 05:23 PM
Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
01/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/20/2006
Compare
Join Date: Jul 2007
Posts: 99
GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold
Default USCIS FAQ3 released

http://www.uscis.gov/files/pressrelease/FAQ3.pdf

Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. 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.
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. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, 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. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. 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 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: 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, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include 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.
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  #2 (permalink)  
Old 08-08-2007, 05:25 PM
Senior Member
Priority Date
:
Jun-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 643
gcformeornot will become famous soon enough
Default Why create New threads

there already a big thread on this subject. Its right there on IV Homepage

http://immigrationvoice.org/forum/sh...ad.php?t=12135

Please refrain from creating threads for such matters. It adds confusion.
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  #3 (permalink)  
Old 08-08-2007, 05:27 PM
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
05/05/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2006
Posts: 235
gc_maine2 is just really nice gc_maine2 is just really nice gc_maine2 is just really nice gc_maine2 is just really nice gc_maine2 is just really nice
Default

OK good another thread, now you have posted this info you can also close this thread.
Quote:
Originally Posted by GooblyWoobly View Post
http://www.uscis.gov/files/pressrelease/FAQ3.pdf

Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. 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.
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. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, 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. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. 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 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: 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, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include 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.
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  #4 (permalink)  
Old 08-08-2007, 05:49 PM
Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
01/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/20/2006
Compare
Join Date: Jul 2007
Posts: 99
GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold GooblyWoobly is a splendid one to behold
Default

Yeah!! It was posted on USCIS site also!!

See, I mostly frequent this forum only (and I think that's true for a lot others), and didn't see it posted here. So, went ahead and posted it. The other thread is in members only forum!!

Sorry if it offends anyone. Moderators, please close this thread if you see deemed. If the Moderators are fine with this thread, don't worry about commenting if this is duplicate!!

Last edited by GooblyWoobly; 08-08-2007 at 05:51 PM.
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  #5 (permalink)  
Old 08-08-2007, 05:57 PM
Senior Member
Priority Date
:
Jan-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 287
jasmin45 is infamous around these parts jasmin45 is infamous around these parts jasmin45 is infamous around these parts jasmin45 is infamous around these parts jasmin45 is infamous around these parts jasmin45 is infamous around these parts jasmin45 is infamous around these parts
Default You can see that on Homepage

Quote:
Originally Posted by GooblyWoobly View Post
Yeah!! It was posted on USCIS site also!!

See, I mostly frequent this forum only (and I think that's true for a lot others), and didn't see it posted here. So, went ahead and posted it. The other thread is in members only forum!!
You can see that on Homepage! As you say this is duplicate. Please request admin to delete this thread?
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