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Green light for filing employment-based I-485s until August 17th
published 17 July 2007
Today the US Department of State (DOS) issued the August Visa Bulletin. Although the August Visa Bulletin indicates that visa numbers for employment-based cases are "unavailable" for August, it states the following:
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

What this means is that the first July Visa Bulletin which indicated that visa numbers were available for employment-based cases for all categories and for all individuals irrespective of birth trumps the second July Visa Bulletin. For all practical purposes, the USCIS will now accept AOS cases from individuals in these categories. Jackson & Hertogs has been working on getting these prepared and will resume filing them with the USCIS immediately.

The USCIS has announced that it has reversed its July 2 announcement that the fiscal year 2007 employment based visa numbers had been used up and that it was going to refuse to accept adjustment of status filings during July. Instead, Secretary Chertoff advises that USCIS will keep the applications filed and re-open filings for a 31-day period from July 18 through August 17, 2007, in order to provide the same filing window people would have had if the July 2 actions had not taken place. Filers will be able to pay the July filing fees during the entire window period.

Jackson & Hertogs has been working on getting these prepared and will resume filing them with the USCIS immediately.


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