July 2007 priority dates once again ‘current’ for workers

In an emotional roller coaster ride for workers, the Department of State (DOS) along with US 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  Further, the subsequent visa bulletin, announcing that visas were now “unavailable,” would be withdrawn.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 reprieve, 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”.

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