July 2007 Priority Dates Once Again “Current”
For Workers
By Michael J. Gurfinkel Esq.
In an emotional roller coaster ride for workers,
the Department of State (DOS) along with U.S. Citizenship and
Immigration Services (USCIS) announced that the July 2007 priority
dates have been “re-revised”, such that all employment
based categories (except “other” or unskilled workers)
will be “current” through August 17, 2007. In other
words, aliens with approved Labor Certifications and/or employment
based petitions (Form I-140) can once again file for adjustment
of status (Form I-485) and work authorization (Form I-765) up
through August 17, 2007.
As you will recall, in mid June 2007, the DOS released the July
2007 priority dates, showing that the priority dates for employment-based
categories (except other workers) would be current starting July
1, 2007. Everyone got excited, and those aliens with approved
Labor Certifications and/or Form I-140 were preparing to file
for adjustment of status and work authorization. Then, on Monday,
July 2, 2007 (the first day that Form I-485 could be filed), it
was announced that somehow all remaining employment based visas
were “used up” and that no more visas would be available
until at least October 2007. As a result, the Visa Bulletin was
amended (or “revised”), to reflect that the priority
dates (or visas) were suddenly “unavailable”, meaning
that people could not file for adjustment of status.
This resulted in a big outcry and disappointment among aliens,
who were relying on the originally published July 2007 priority
dates and were looking forward to filing for adjustment of status.
But with the priority dates somehow no longer being “current”,
USCIS announced that anyone who tried to file for adjustment of
status in July 2007 would have their adjustment applications rejected.
After intense pressure (and lawsuits being filed), the USCIS
announced, on July 17, 2007, that, “beginning immediately,
it [USCIS] will accept employment-based applications to adjust
status (Form I-485) filed by aliens whose priority dates are current
under the [original] July visa bulletin . . . USCIS will accept
[adjustment] applications filed not later that August 17, 2007.”
Further, the subsequent visa bulletin, announcing that visas were
now “unavailable,” would be withdrawn.
Under the July 17, 2007 announcement, anyone who was eligible
to apply for adjustment of status under the original July 2007
visa bulletin would have a full month’s time to do so. In
addition, the current fee schedule will apply to all adjustment
of status applications filed through August 17, 2007. (As you
know, there is to be a tremendous fee increase starting at the
end of July 2007).
Accordingly, if you were eligible to apply for adjustment of
status and work authorization under the original July 2007 visa
bulletin (i.e. you have an approved labor certification and /or
approve employment based petition (Form I-140), then you have
been given a reprieved, and have up until August 17, 2007, in
which to file for adjustment of status and work authorization.
After August 17, 2007 it appears that the priority dates will
once again become “unavailable”. In fact, the August
2007 priority dates were just released, showing that after August
17, 2007, all employment based visas will be “unavailable”.
Back
to Main
|
