Visa Lawyer Blog
USCIS issued today Q & A memo about the adjustment filing procedures in the next 30 days or so under the July visa Bulletin.
All Labor Certification exempt applicants (Nurses, NIW’s etc.) must file I-140’S by the end of the week. All other cases can do so by August 17, 2007 as per USCIS memo.
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.
We are getting ready for numerous filings this month so be patient with the email responses…..
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.