6/19/2007

July 2007 Visa Bulletin means that effective July 1, 2007, there will be a mountain of either concurrent or stand-alone I-485 filings. Without doubt, it will affect the processing times for the I-485 applications. Accordingly, those who have certified labor certification applications or who will receive the certification of labor certification should file the I-485 applications as early as possible in July 2007.

Since the visa number will be current for EB-1, EB-2, and EB-3, except unskilled workers, not only those who have obtained the labor certification but also the labor certification exempt cases will be eligible for I-485 applications. Under the current rule, they are eligible for the I-140 and I-485, and they may be able to file it in July 2007. People do not have to file Premium Processing for I-140. They will just have to make it sure that the I-140 petition and I-485 application are filed concurrently along with the ancillary applications of I-765 (EAD) and I-131 (Advance Parole). One important reminder: 

The fee increase takes effect on July 30, 2007 (www.greencardapply.com\news\news07\news07_0606.htm). To avoid the increased fees for I-485 filing, people should make it sure that the I-485 packet reaches the agency on or before July 30, 2007. It will be prudent to file a few days ahead of time via commercial overnight delivery services. Remember that if a case is filed by U.S. postal services express mail, the file remains in the post box in the Postal Services building until they are picked up by the agency. Usually they pick up from the post boxes once a day. If it is not picked up the day, the case not considered filed. Accordingly, it is recommended to use commercial overnight delivery services rather than U.S. postal express mail.

There is likely a tremendous pressure on the USCIS civil surgeons for scheduling the required medical examination and people may schedule the medical exam appointments as soon as possible.

USCIS has expressed their concern with the fall-outs of the July 2007 visa number changes which will dump a huge cases more or less unexpectedly. Reportedly there are 92,000 I-140 backlog cases. The USCIS has been working on the processing times of six months at this time, but they are concerned that the processing times may be affected.