Revised Procedures for Employment Based Adjustments

REVISED PROCEDURES FOR EMPLOYMENT BASED ADJUSTMENTS

The USCIS announced that beginning immediately, it will accept employment based applications to adjust status (I-485) filed by aliens whose priority dates are current under the July Visa Bulletin No. 107. These applications however must be filed no later than August 17, 2007.

There was a lot of confusion previous to this announcement when the USCIS announced on July 2, 2007 that it would not accept any additional employment based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year as published in Visa Bulletin #108. Visa numbers will be issued in October 1, 2007.

The Department of State has now advised that Bulletin #107 dated June 12, 2007 should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability. Visa Bulletin #108 dated July 2, 2007 has been withdrawn.

This means anyone who are eligible to apply for adjustment under Visa Bulleting No. 107 have a full month to file from July 17, 2007 (announcement date).

How will these cases be affected by the July 31, 2007 increase in filing fee? The current fee schedule will apply to all employment applications filed under Visa Bulletin No. 107 that are filed before August 17, 2007. The new filing fee schedule will apply to all other cases filed on or after July 30, 2007.

Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does not create any attorney-client relationship between you and the Law Offices of Kenneth U. Reyes, P.C. This article is not a solicitation.

Attorney Kenneth Ursua Reyes was President of the Philippine American Bar Association for 2005. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. Mr. Reyes is a Certified Family Law Specialist. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive former CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kureyeslaw@gmail.com; visit at www.kenreyeslaw.com